Writ of Mandamus
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.
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.
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