The plaintiff, or person suing, should name the public official in his or her official capacity as the defendant, or person being sued.Ī complaint seeking a writ of mandamus will look much like any other civil complaint, including numbered paragraphs with a simple statement of facts showing the plaintiff's right to the action sought. The complaint must be filed within a reasonable time after the public official has failed to do the action the person wants done. The Circuit Court Clerk will collect a fee at the time of filing. To begin an action for a writ of mandamus, a person needs to file a complaint conforming to the form for a pleading described in Md.
#Maryland judiciary court records license#
This page describes an action for conventional mandamus, which is appropriate when correcting a public record or getting a license or permit issued.Ĭircuit courts have jurisdiction in an action for mandamus. Whether an action should follow the rules of administrative mandamus or conventional mandamus is sometimes confusing because both types most often concern the decisions of administrative agencies. Conventional mandamus is not available if there is any other administrative process that a person may pursue for review. When filing a conventional mandamus action, you assert that all the requirements for an action have been met and the official has no choice but to take the required action. If the public official has any discretion, or freedom to choose, over whether to act or not, the action is not ministerial, and conventional mandamus is not available. Ministerial functions are duties the public official must perform. Conventional writs of mandamus command public officials to perform a ministerial function. The other function of mandamus is known as "conventional mandamus." Conventional mandamus is used to correct public records or to title a vehicle. Maryland calls this function of mandamus, "administrative mandamus." The courts have stated that review of administrative decisions is an inherent power of the court and mandamus is available to review agency decisions when no review process has been provided by the legislature, or even when the legislature has tried to eliminate judicial review. Mandamus is often described as an "extraordinary" writ and will not be issued unless there is no other legal remedy available. 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 (Latin for "we command") is a writ issued by a court commanding a public official to perform an action.
Filing an action for a writ of conventional mandamusĪ public record can be corrected or a vehicle titled by petitioning for a writ of mandamus.
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