Writ of mandamus (§ 1361 / All Writs Act / state)
You have not marked these earlier steps complete: Direct appeal. This remedy is normally available only after them. Confirm you have exhausted the lower rungs (or that an exception applies) before relying on this one.
Mandamus is reserved for a clear legal right, a clear non-discretionary duty the official refuses to perform, and NO other adequate remedy (an ordinary appeal is an adequate remedy, so it usually forecloses mandamus). To compel a federal AGENCY to act on a petition it is sitting on, courts apply the APA’s "unreasonably delayed" standard (5 U.S.C. § 706(1)) through the six TRAC factors — Telecommunications Research & Action Center v. FCC, 750 F.2d 70 (D.C. Cir. 1984) — and § 706(1) reaches only a discrete action the agency is legally REQUIRED to take: Norton v. Southern Utah Wilderness Alliance, 542 U.S. 55 (2004). See the verified authorities below, including Olsen v. DEA.
What this is
An extraordinary writ ordering a government officer, court, or agency to perform a clear, non-discretionary DUTY it is refusing to do (or, in aid of jurisdiction, to stop exceeding its authority). In federal district court it rests on 28 U.S.C. § 1361; appellate mandamus rests on the All Writs Act, 28 U.S.C. § 1651. To compel a federal AGENCY specifically, the everyday vehicle is the APA: 5 U.S.C. § 706(1) lets a court "compel agency action unlawfully withheld or unreasonably delayed."
Where it sits in the ladder
This is a LAST RESORT after all appeals fail and an agency or official still refuses. It is not a substitute for an appeal you could have taken. Courts reserve it for a clear right, a clear duty, and no other adequate remedy.
What "burning" this option means
"The writ goes by statute now": at common law mandamus was a royal prerogative writ a court issued on its own inherent power. Today a federal court’s power to issue it comes from STATUTE — § 1361, the All Writs Act (§ 1651), and, for agencies, the APA (§ 706(1)). So you must anchor the petition to the statute that grants the power AND to the specific duty the law imposes on the official — a vague "make them do the right thing" petition fails.
Who the respondents are
Name the official, court, or agency head that owes the duty (e.g. an agency's Administrator or Secretary, or the lower-court judge for appellate mandamus). For a federal agency, the head is the proper respondent; the U.S. Attorney and DOJ defend. State the office by title. See your state Attorney General for state officials, and Regulations to identify the agency.
Generate: Petition for extraordinary writ (mandamus / prohibition) — required fields
This is a fill-in-the-blank scaffold of the sections your document needs. It is AI-generated structure, not a completed filing and not legal advice — fill each field with your own case’s facts, or take it to an attorney or your court’s self-help center.
Format & length rules
- Federal appellate mandamus is governed by Fed. R. App. P. 21 (petition, service on the respondent judge, answer)
Fed. R. App. P. 21 - State mandamus/prohibition procedure and the proper court VARY — check your state’s rules — varies by state; confirm in your state’s rules
Governing statutes
Governing authorities (verified)
Cases on point (live · CourtListener)
REL: April 7, 2023 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other errors, in order that corrections may be made before the opinion is published in Southern Reporter. ALABAMA COURT OF CIVIL APPEALS OCTOBER TERM, 2
Rel: May 19, 2023 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. SUPREME COURT OF ALABAMA OCTOBER TERM, 20
Filed 5/27/22 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Butte) ---- THE COMMUNITY ACTION AGENCY OF C093020 BUTTE COUNTY, (Super. Ct. No. 19CV02159)
Rel: July 26, 2024 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other errors, in order that corrections may be made before the opinion is published in Southern Reporter. ALABAMA COURT OF CIVIL APPEALS SPECIAL
OPINION Opinion by Judge McKEOWN, Circuit Judge: Although filibustering may be a venerable tradition in the United States Senate, it is frowned upon in administrative agencies tasked with protecting human health. Pesticide Action Network North America and the Natural Resources Defense Council have been waiting for years for the United States Environmental P
Rel: April 25, 2025 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. SUPREME COURT OF ALABAMA OCTOBER TERM,
Rel: October 4, 2024 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other errors, in order that corrections may be made before the opinion is published in Southern Reporter. ALABAMA COURT OF CIVIL APPEALS SPECI
Rel: March 7, 2025 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. SUPREME COURT OF ALABAMA OCTOBER TERM, 2
Rel: August 23, 2024 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other errors, in order that corrections may be made before the opinion is published in Southern Reporter. ALABAMA COURT OF CIVIL APPEALS SPECI
Rel: May 10, 2024 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. SUPREME COURT OF ALABAMA OCTOBER TERM, 20
Rel: March 7, 2025 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. SUPREME COURT OF ALABAMA OCTOBER TERM, 2
Rel: December 22, 2023 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. SUPREME COURT OF ALABAMA OCTOBER TERM, 2
Rel: September 19, 2025 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. SUPREME COURT OF ALABAMA SPECIA
Rel: June 27, 2025 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. SUPREME COURT OF ALABAMA OCTOBER TERM, 2
Rel: April 4, 2025 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. SUPREME COURT OF ALABAMA OCTOBER TERM, 2
[Cite as State ex rel. Ames v. Regional Income Tax Agency Bd. of Trustees, 2025-Ohio-4379.] COURT OF APPEALS OF OHIO EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA STATE OF OHIO EX REL., : BRIAN M. AMES, : Relator, : No. 115078
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA WILLIAM P. D. CADE, : : Plaintiff, : Civil Action No.: 23-2227 (RC) : v. : Re Document No.: 5 : UNITED
Rel: March 7, 2025 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. SUPREME COURT OF ALABAMA OCTOBER TERM, 2
Rel: April 4, 2025 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. SUPREME COURT OF ALABAMA OCTOBER TERM, 2
Rel: April 4, 2025 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. SUPREME COURT OF ALABAMA OCTOBER TERM, 2