Writ of Mandamus

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A writ of mandamus (Latin for "we command") is a writ issued by a court commanding a public official to perform an action. Mandamus is available as a remedy either to review administrative decisions when the legislature has not provided for judicial review or to compel public officials to perform a function they have a duty to perform. Mandamus is often described as an "extraordinary" writ and will not be issued unless there is no other legal remedy available.[1]

In Maryland, Writs of Mandamus are subject to Title 2. Civil Procedure--Circuit Court, Chapter 300. Pleadings and Motions, Rules 2-303, 2-304, and 2-305 as well as Title 15. Other Special Proceedings, Chapter 700 15-701 Mandamus Rule

Writs of Mandamus are filed with the County Circuit Court, and the filing fee is $31.00.[2]

Applicable Points & Authorities

Forster v. Hargadon, 398 Md. 298, 306, 920 A.2d 1049 (2007 ) (writs of mandamus or prohibition to be issued only in extraordinary cases and “with great caution”).

Wilson v. Simms, 380 Md. 206; 844 A2d 412 (2004)

Kerpelman v. Disability Review Board of Prince George’s County, 155 Md. App. 513; 843 A.2d 877 (2004)

Annotated Code of Maryland, Correctional Services Article § 2-109

Annotated Code of Maryland, Public Safety Article § 5-302

Annotated Code of Maryland, Public Safety Article § 5-312

COMAR 12.09.01.01 through .06

COMAR 29.03.02.01 through .14

References

  1. http://www.peoples-law.org/mandamus-correcting-public-recordcourt-ordered-vehicle-titling
  2. http://www.courts.state.md.us/circuit/feeschedule.html