What is a writ of mandamus?

A writ of mandamus is a court order from a higher court to a lower court, or other government body, or individual, to perform a specific action or act in a specific way. In Indiana, a writ can be issued to a governmental body or individual to do, or refrain from doing, an act if it is their legal duty to do so. A writ of mandamus is a remedy used when the ordinary legal process is not sufficient to ensure justice in a specific situation. In Indiana, a writ of mandamus can be issued by the Supreme Court, Court of Appeals, or Circuit Court when it finds that a lower court, or other governmental body, has failed to perform an act that it is legally obligated to do. A writ of mandamus may require a lower court to act in a specific way, such as hearing a case, or granting a motion, or ordering a specific action. The writ of mandamus does not create new rights, but enforces existing rights. In Indiana, a writ of mandamus may also be used to force an individual to do an act or to stop doing an act. The application for a writ of mandamus is typically a lengthy and complex process, as the court must be convinced that the complainant has a legal right to the relief sought.

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