What is a writ of mandamus?

A writ of mandamus is a court order issued by a judge or higher court to a lower court or government agency ordering them to do something that is required by law. This court order requires the lower court or agency to perform a specific action or to refrain from doing something they are not allowed to do. In North Carolina, a writ of mandamus may be used when courts deny a party access to justice or when a lower court is refusing to hear a case. A writ of mandamus is very different from an appeal. An appeal seeks to reverse or modify the decision of a lower court, while a mandamus seeks to compel the lower court to act. A writ of mandamus also differs from an injunction in that an injunction seeks to prevent a party from taking action, while a mandamus requires the party to take action. A writ of mandamus is a legal remedy that is rarely used in North Carolina. It is usually a last resort if all other legal remedies have failed. An attorney must petition the court for a writ of mandamus and must present evidence that the lower court or government agency has not done or is not doing what it is legally required to do. The court must then decide if a writ of mandamus is appropriate in that particular situation.

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