An extraordinary court order that compels a government official, agency, or lower court to perform a duty it is already legally required to perform.

A writ of mandamus is a court order directing a government official, agency, corporation, or lower court to perform an act that the law already requires it to perform. The word "mandamus" is Latin for "we command," and that is exactly what the writ does: it commands, rather than merely persuades or requests.

Mandamus is not a way to ask a court to decide a close legal question in your favor. It is a narrow tool used when a public official has a clear, non-discretionary duty and simply refuses, neglects, or unreasonably delays performing it. Common modern uses include compelling a federal agency to rule on a long-pending application, compelling a court clerk to file a document, or compelling an official to release records the law says must be released.

Why courts call it "extraordinary"

Mandamus is classified as an extraordinary remedy because it bypasses the ordinary sequence of litigation. Instead of waiting for a final decision and then appealing, a petitioner asks a court to intervene directly and immediately. Because this can disrupt the normal division of authority between courts and agencies, judges apply mandamus sparingly and only when the petitioner has no other adequate way to get relief.

The basic elements

Courts across the federal and state systems consistently look for three things before granting mandamus: a clear right to the relief requested, a clear and non-discretionary duty owed by the respondent, and the absence of any other adequate remedy. Later articles in this section examine each element in detail.

Who this remedy is for

Mandamus most often appears in three contexts: individuals waiting on stalled immigration or benefits applications, litigants stuck behind an unresponsive judge or clerk, and parties challenging an agency's refusal to act. In every case, the underlying theme is the same — someone with a legal duty is not doing the job the law assigns them.

Educational information only. This article explains general legal principles for research purposes and does not constitute legal advice. Mandamus procedure and standards vary by jurisdiction and change over time. If you have an active legal matter, consult a licensed attorney in your state or the relevant federal circuit.