Application for Writ of Mandamus

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01ATTORNEY INFORMATION

Attorney Name *

State Bar No. *

Firm / Office Name

Address *

Phone *

Fax

Email *

02CASE INFORMATION

Case / File No.

County *

Court

Petitioner Name *

Respondent Name *

Respondent Title / Position *

Respondent Agency / Public Body

03PETITIONER'S CLEAR LEGAL RIGHT

Specific Right Petitioner Holds *

Statutory / Constitutional Basis for This Right *

04RESPONDENT'S CLEAR LEGAL DUTY

Specific Non-Discretionary Duty Respondent Must Perform *

Statutory / Constitutional Basis for This Duty *

05RESPONDENT'S REFUSAL TO ACT

Has Respondent Refused or Failed to Perform This Duty? *

Date of Refusal

Form of Refusal

Additional Details of Refusal

06NO ADEQUATE REMEDY AT LAW

Does Any Other Adequate Legal Remedy Exist? *

WARNING: Mandamus requires that NO other adequate remedy at law exists. If another remedy is available (e.g., administrative appeal), the court will likely deny the writ. Consult with an attorney before proceeding.

Explanation — Why No Other Adequate Remedy Exists *

07HARM AND RELIEF REQUESTED

Harm from Continued Refusal *

Order Respondent to Act Within ___ Days *

Specific Act Ordered (brief)

Additional Relief Requested (optional)

Service Upon (opposing party) *

Date of Service *

SELECTED COUNTY

— Select above —

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WHAT IS MANDAMUS?

Latin: "we command" — orders a government official to act
Used to compel performance of a NON-DISCRETIONARY legal duty
Cannot compel discretionary decisions or policy choices
Examples: compel DMV to issue license after wrongful denial; compel clerk to file a document; compel agency to hold a required hearing
Emergency (ex parte) mandamus available if immediate irreparable harm exists

ELEMENTS REQUIRED

Petitioner has a CLEAR LEGAL RIGHT to the relief sought
Respondent has a CLEAR LEGAL DUTY (not discretionary) to act
NO other adequate remedy at law exists
Respondent has refused or failed to perform the duty
File in Superior Court of county where duty is to be performed
Government has opportunity to respond before order issues

STATUTORY REFERENCE

G.S. 1-267Mandamus jurisdiction

Art. IV § 12NC Const. — court power

G.S. 1A-1, R. 65Emergency / ex parte

G.S. 150BAdmin. Procedure Act

NEED AN ATTORNEY?

Mandamus is a complex extraordinary remedy — attorney strongly recommended
Barker Richardson, PLLC →
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