How-To: Write a Petition for a Writ of Mandamus
Background: | You needed the government to do something |
Problem: | The government didn't do it |
Solution: | You Petition a reviewing court for a Writ of Mandamus |
I. Definitions
II. Legal Citations
(2) Parties. The judge or the lower tribunal is a formal party to the petition for mandamus or prohibition and must be named as such in the body of the petition (but not in the caption). The petition must be served on all parties, including any judge or lower tribunal who is a formal party to the petition.
(3) Response. Following the issuance of an order pursuant to subdivision (h), the responsibility for responding to a petition is that of the litigant opposing the relief requested in the petition. Unless otherwise specifically ordered, the judge or lower tribunal has no obligation to file a response. The judge or lower tribunal retains the discretion to file a separate response should the judge or lower tribunal choose to do so. The absence of a separate response by the judge or lower tribunal shall not be deemed to admit the allegations of the petition.
(2) the facts on which the petitioner relies;
(3) the nature of the relief sought; and
(4) argument in support of the petition and appropriate citations of authority.
III. Samples
# | Type | Description | ₧ |
---|---|---|---|
101 | ![]() | ✓ Show Cause Issued | TBD case. Pro Se Filing. LT = FCHR. §120.565 Declaratory Statement. | ![]() |
# | Type | Description | ₧ |
---|---|---|---|
201 | ![]() | ✓ Show Cause Issued | 2024 | Hamman v. UCF | §1001.71(5) FS; Meeting Minutes; Public Records; | ![]() |
IV. Templates
V. Application
- Standard of Review: Understand the 3-Part Test for issuing a Writ of Mandamus:
- 1: The petitioner must have a clear legal right to the requested relief;
- 2: The Agency must have an indisputable duty to perform the requested action; and
- 3: The petitioner must have no other options (ie, Mandamus is his/her only vehicle)
In order to be entitled to a writ of mandamus the petitioner must have a clear legal right to the requested relief, the respondent must have an indisputable legal duty to perform the requested action, and the petitioner must have no other adequate remedy available. See Turner v. Singletary, 623 So.2d 537, 538 (Fla. 1st DCA 1993).
- Order to Show Cause: If you make out a prima facie showing, then there's a good chance that the Court will issue an Order to Show Cause:
- see Rule 1.630(d)(2)
The Court finds the Petition to state a prima facie case for relief. See Fla. R. Civ. P. 1.630(d)(2) (“If the complaint shows a prima facie case for relief, the court must issue... an alternative writ in mandamus that may incorporate the complaint by reference only...”). Therefore, it is hereby ORDERED AND ADJUDGED that Respondents shall, within twenty (20) days, show cause why relief should not be granted.
- Note: Add all relevant Notices from the Florida Administrative Register.
VI. Quick Commentary
- Crucial Note: File this document within 30 days [of the Government's dereliction of duty]!
- Expectation: Do not expect victory (even if you have a slam dunk petition).
- The appellate courts rarely issue Writs of Mandamus.
- Please download as many sample documents as you'd like
- Contact TBD for more free samples
- Feel free to use the template (see Part III - above) to help draft your 'Petition for a Writ of Mandamus'
- Save the final version as a PDF file.
- File the final version in court
- Include the Appendix (see III.2 above)
- Include the filing fee (or a Certificate of Indigency)
VII. Additional Resources
- 28 USC §1361 | Action to Compel an Officer of the United States to Perform his Duty
- Source: USCode.House.gov
- 28 USC §1651 | Writs
- Source: USCode.House.gov
- Chapter 10, Extraordinary Writs - Civil: Pro Se Appellate Handbook ©Florida Bar
- The Florida Bar
- Appellate Practice Section
- © 2016
- Source: FloridaBar.org
- Interactive Reading List: Mandamus
VIII. Bibliography
- Brown v. State, 885 So. 2d 391, 392 (Fla. 5th DCA 2004)
- Hamman v. UCF, 2024-CA-003749 (FL09; 5/24/24)
- Huffman v State, 813 So. 2d 10 (Fla. 2000)
- In re von Bulow, 828 F.2d 94 (2d Cir. 1987)
- Marbury v Madison, 5 US 137 (1803)
- Milanick v Town of Beverly Beach, 820 So. 2d 317
- Turner v Singletary, 623 So. 2d 537
IX. Conclusion
Examples of mandatory jobs include entering an order on time, assembling your record, forwarding your legal papers to the proper authorities, and so on.
With the use of the template (as well as the samples above), you can more easily petition the court for a Writ of Mandamus.
...POINTS & THINGS...
Please get the justice you deserve.
Sincerely,
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