Writ of Mandamus

A writ of mandamus is an order from a higher court directing a lower court or a government official to perform a clear legal duty or to undo a clearly wrong ruling. It is an extraordinary remedy, used when an ordinary appeal after trial would come too late.

Origin

Mandamus is Latin for "we command." It has roots in the English common law and is available in federal courts under the All Writs Act and in state courts under their own laws. Courts grant it rarely, usually requiring a clear error and no adequate alternative remedy.

Significance in Asbestos Context

In asbestos litigation, parties have sought mandamus to challenge pretrial rulings that cannot wait for a normal appeal, such as orders consolidating many cases for one trial, novel trial plans, rulings on venue, or disclosure of privileged material. Because the bar is high, most petitions are denied, but a granted writ can change the course of a case or a whole docket. For a plaintiff, a mandamus petition by a defendant can pause or delay the trial while the higher court considers it. Some states use mandamus more often than others; Texas courts, for example, use it more commonly to review certain pretrial orders. The rules and standards differ by jurisdiction.

Example Sentence

The defendants petitioned for a writ of mandamus, arguing that the trial judge had no authority to consolidate forty asbestos cases for a single trial.

Related Terms

Appeal, Interlocutory Appeal, Consolidation, Venue, Trial Preference, Attorney-Client Privilege

Notes

• A mandamus petition can delay a trial date; ask your lawyer whether one is pending in your case.
• If time matters because of illness, your lawyer can ask courts to move quickly.