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I am looking for a template of sorts to file a writ of

Customer Question
I am looking for...

I am looking for a template of sorts to file a writ of mandamus.

Lawyer's Assistant: In what state did this occur?

Ohio

Lawyer's Assistant: Have you talked to a lawyer yet?

A couple...but everyone seems to be busy these days...so I thought I could do this on my own. :)

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not really

Submitted: 2 months ago.Category: Criminal Law
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Answered in 3 hours by:
12/15/2017
Criminal Lawyer: Lori, Attorney replied 2 months ago
Lori
Lori, Attorney
Category: Criminal Law
Satisfied Customers: 648
Experience: Attorney with over 25 years experience
Verified

Hello. I will try to assist you.

since you are requesting a template - I assume you are familiar with writs of mandamus. But just to be thorough - here are some tips.

An individual cannot file a writ of mandamus. You must file a Petition for a Writ of Mandamus.

The applicant pleading for the writ of mandamus to be enforced should be able to show that he has a legal right to compel the respondent to do or refrain from doing the specific act. The duty sought to be enforced must have two qualities:

  1. It must be a duty of public nature
  2. The duty must be imperative and should not be discretionary.

Normally, a writ of mandamus does not issue to, or an order in the nature of mandamus is not made against, the private individual. It is not necessary that the person or the authority on whom the statutory duty is imposed be a public official or an official body. A mandamus can issue, for instance, to an official of a society to compel him to carry out the terms of the statute under or by which the society is constituted or governed and also to companies or corporations to carry out duties placed on them by the statutes authorizing their undertakings. A mandamus would be equally applicable for a company constituted by a statute for the purposes of fulfilling public responsibilities. The court to which the application for the issue of mandamus is made will not constitute itself a court of appeal from the decision of the administrative authority and will not examine the correctness or otherwise of a decision on merits. The exercise of administrative discretion is not interfered upon by the court, but it will do so if there has been an illegal exercise of the discretion. There is an illegal exercise of discretion where:

  1. The order is made without, or in excess of jurisdiction
  2. The order made is mala fides, or
  3. The authority is influenced by extraneous consideration.

You can file a petition by using the following as a go-by:

IN THE _________________COURT OF THE STATE OF _________________

IN RE: ______________________

PETITION FOR A WRIT OF MANDAMUS

To the Honorable Judges of the _________________ Court:

Your Petitioners,__________________________, state as follows:

1. Tell why the appellate court should order the lower court to act.

WHEREFORE, Petitioner requests that a Writ of Mandamus issue out of this Court directed to the trial judge of the __________ Court of ___________________ County, ___________________, commanding him, as such Judge, to ____________.

Respectfully submitted,

____________________________

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Criminal Lawyer: Lori, Attorney replied 2 months ago
Need anything else, please reply. Otherwise a five star rating would be greatly appreciated.
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Category: Criminal Law
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