What is the difference between a discretionary appeal and a mandamus petition?

Discretionary appeals and mandamus petitions are two ways to challenge a decision by a lower court in North Carolina appellate law. The main difference between the two is the type of court action they are challenging. A discretionary appeal is used to appeal decisions made by a trial court or an administrative agency. This type of appeal is unique because the appellate court makes a decision on the facts of the case and can reverse the lower court’s judgment if it finds any errors. Discretionary appeals are made when parties believe there was an error or injustice that should be corrected. A mandamus petition, on the other hand, is an extraordinary writ used to challenge an administrative agency’s refusal to act. It is called an extraordinary writ because it asks the appellate court to order an agency to take an action—in a particular way, at a particular time—that it is legally obligated to take. In order to be successful, the petitioner must show that the agency has a clear legal duty to take the action requested and that there is no other legal remedy available. In summary, the main difference between a discretionary appeal and a mandamus petition is the type of court action each is challenging. A discretionary appeal challenges a trial court or an administrative agency’s decision, while a mandamus petition challenges an administrative agency’s refusal to act.

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What is the difference between a discretionary appeal and a mandamus petition?

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