An extraordinary writ, used sparingly, for the order that cannot be reviewed any other way.
Esshaki Legal Media TeamCurrent as of November 2024
Mandamus directs a lower court to act, or to refrain from acting. It is not a
substitute for appeal and is granted rarely.
The usual standard. No other adequate means to obtain relief; a right to the
writ that is clear and indisputable; and the issuing court’s satisfaction, in
its discretion, that the writ is appropriate. Some formulations add whether the
order is an oft-repeated error, and whether it raises new and important
problems.
Where it succeeds. Orders compelling disclosure of privileged material,
where the harm cannot be undone; refusals to enforce forum selection or
arbitration provisions in some circuits; orders exceeding the court’s power
altogether; and disqualification or recusal in narrow circumstances.
Where it fails. Disagreement with a discretionary ruling, however strongly
held. Mandamus corrects a judicial usurpation of power or a clear abuse of
discretion, not ordinary error.
Procedure. The petition is filed in the appellate court, naming the trial
judge as respondent by convention while the real party in interest defends. The
appellate court may deny without a response, or call for an answer, which is
itself a meaningful signal.
Practical consequence. Because relief is rare, a petition should be reserved
for orders with irreversible consequences and should be filed immediately;
delay defeats the argument that no adequate alternative exists.