What is a writ of mandamus?

A writ of mandamus is a court order from a higher court to a lower court or government agency. In the context of criminal appeal law in New York, a writ of mandamus is a form of extraordinary relief ordering a lower court or government agency to perform a specified act or set of acts that it has failed to do or has refused to do. It is sought when a party believes a lower court has acted unlawfully or has abused its discretion in the case. In New York, the writ of mandamus is typically sought in criminal appeals, when a party believes that the lower court has unjustly denied them the right to appeal. A writ of mandamus may also be sought to compel a lower court to hear an appeal that has been denied, for example if the lower court has missed a deadline or refused to hear the case for any other reason. A writ of mandamus is an extraordinary form of relief and is therefore available only in certain circumstances. It is important that all other legal remedies have been exhausted before a writ of mandamus is sought. A party must also be able to prove an undeniable right to the relief it is seeking to be granted a writ of mandamus.

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What is a writ of mandamus?

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