What is a writ of mandamus?

A writ of mandamus is a court order directing a public body or government agency to perform a certain act. In West Virginia, a writ of mandamus is typically used when a party wants to compel a government agency to take a certain action that it has an obligation to take, or to prevent a government agency from taking an action that it is not allowed to take. The process of filing for a writ of mandamus in West Virginia begins by filing a petition with the appropriate court. The petitioner must include the specific facts of the situation, the requested relief, and the legal basis for why the court should issue a writ. Written responses may then be filed by the parties involved. The court then reviews the evidence and decides whether to issue the writ. If the court issues the writ, the agency or body that was the subject of the writ must then obey the order. If it fails to do so, it can be held in contempt of court. The party who filed the writ may be able to recover damages if the court finds that the agency or body acted in bad faith or with malicious intent. In sum, a writ of mandamus is a court order that orders a government agency or body to take a certain action or to refrain from taking an action. It is an effective tool for obtaining a desired result in West Virginia.

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