A (writ of) mandamus, or mandate, is an order from a court to an lower court or government official to orderly perform a duty or correct an abuse of discretion. See e.g. Cheney v. United States Dist. Court For D.C. (2004). According to the U.S. Department of Justice, “Mandamus is an extraordinary remedy, which should only be used in exceptional circumstances of peculiar emergency or public importance.”
A writ of mandamus is not an appeal. In an appeal, the petitioner would ask the higher court to rule in their favor, whereas the petitioner of a writ of mandamus could only ask the higher court to rule on certain issues but not specifically in their favor.
Mandamus at the Federal Level
In federal courts, writs of mandamus most frequently appear when a party to a suit wants to appeal a judge's decision but is blocked by rules against interlocutory appeals. Instead of appealing directly, the party simply sues the judge, seeking a mandamus compelling the judge to correct their earlier mistake. Generally, this is only available if the party has no alternative means of seeking review.
The writ of mandamus could also be used to seat an unlawfully precluded person in the office they are entitled to. An example of a party attempting this, albeit unsuccessfully, is Marbury v. Madison, 5 U.S. 137, where William Marbury attempted to have the Supreme Court issue a writ of mandamus to force Thomas Jefferson to install Marbury as a justice of the peace.
The All Writs Act (28 U.S. Code § 1651) gave the "Supreme Court and all courts established by Act of Congress" the authority to issue writs of mandamus "in aid of their respective jurisdictions and agreeable to the usages and principles of law."
Further, 28 U.S. Code § 1361 gave federal district courts "original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff."
Mandamus at the State Level
For comity purposes, state courts cannot direct a federal officer through a mandamus, and federal courts likewise cannot issue a mandamus to a state officer. Rules on mandamus and similar orders vary by jurisdiction.
California
In California, there are 2 types of writs of mandamus:
- Ordinary Mandate (governed by Cal. Code Civ. Proc. § 1084)
- An ordinary mandate is used by a court to compel agencies to perform ministerial acts. Courts may also use it to compel agencies to allow a person to use and enjoy a right they are entitled to, or to seat them in the office which the person is entitled to but unlawfully precluded from. The writ also applies to corporations in similar situations.
- Administrative Mandate (governed by Cal. Code Civ. Proc. § 1094.5)
- An administrative mandate is used to review the validity of a final administrative order or decision made as the result of a lawfully required hearing.
Florida
- In Florida, State ex rel. Evans v. Chappel, 308 So. 2d 1 (Fla. 1975) determined that the party asking for a writ of mandamus must demonstrate a clear legal right to commission of the particular duty in question.
- In addition to issuing a writ of mandamus to a government official, a court may also issue a writ of mandamus to a lower court, as demonstrated in State ex rel. Gerstein v. Schwartz, 357 So. 2d 167 (Fla. 1978).
New York
- In New York, a writ of mandamus may be issued for when an administrative agency, public body, or officer fails to perform a duty imposed on them by New York Civil Practice Laws & Rules, Section 7803.
[Last updated in July of 2024 by the Wex Definitions Team]