Petition for Writ of Mandamus

When the petition for writ of mandamus is used

Timing: only in unusual situations — for example, when a lower court has clearly exceeded its authority or refused to act, or a federal officer has failed to perform a clear duty owed to the petitioner. Appeals follow a final judgment in most cases. The Federal Rules of Appellate Procedure govern this stage.

What the rule requires

• The district courts have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff (28 U.S.C. § 1361).
• The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law (28 U.S.C. § 1651(a)).
• A party petitioning a court of appeals for a writ of mandamus or prohibition directed to a court must file the petition with the circuit clerk, serve it on all parties to the proceeding in the trial court, and provide a copy to the trial-court judge; the petition must state the relief sought, the issues presented, the facts necessary to understand the issue, and the reasons why the writ should issue (Fed. R. App. P. 21(a)(1)–(2)).

More rules for the petition for writ of mandamus

• In the district courts, the writ of mandamus itself has been abolished; relief previously available through it may be obtained by appropriate action or motion under the Federal Rules (Fed. R. Civ. P. 81(b)). A civil action in the nature of mandamus against a federal officer under 28 U.S.C. § 1361 remains available.
• The Supreme Court has described mandamus as a "drastic and extraordinary" remedy "reserved for really extraordinary causes": the petitioner must have no other adequate means to attain the relief, the right to the writ must be "clear and indisputable," and the issuing court, in its discretion, must be satisfied the writ is appropriate under the circumstances (Cheney v. U.S. District Court, 542 U.S. 367, 380–81 (2004)).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of 28 U.S.C. §§ 1361, 1651(a); Fed. R. App. P. 21(a); Fed. R. Civ. P. 81(b) online. Also, the federal judiciary publishes the current rules and recent amendments.

The petition for writ of mandamus in state court

This page covers the federal version. In state court, the petition for writ of mandamus may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

• Writ: a formal written order issued by a court commanding a person or official to do, or not to do, something.

Related procedures

Similarly, these procedures often come up alongside it:

• Petition for Writ of Prohibition: a request asking a higher court to order a lower court not to do something — usually to stop it from acting outside its jurisdiction. Like mandamus, it is an extraordinary remedy.
• Interlocutory Appeal (Certified Question): an appeal from an order that is not a final judgment, allowed when the district judge certifies it.
• Notice of Appeal: the filing that starts an appeal from a federal district court to a court of appeals.

Before you rely on this page

Always read the current rule yourself instead of relying on a summary. Next, check the local rules and the judge’s standing orders, since they often add steps. Then look for recent decisions from your court that apply the rule. Finally, talk to a licensed attorney about your situation. You can find one in our directory.

State court procedure for this filing

The federal rule above applies in federal court. In state court, the same filing is governed by that state's own rules of civil procedure, statutes and local court rules. Many states model their rules on the Federal Rules of Civil Procedure, so the requirements are often similar, but names, numbers, deadlines and forms can differ. Always use the version that applies to the court where your case is filed.

Examples from the largest state court systems

Each state citation was checked against the rule or code text (official source or a published copy) on October 24, 2026. Rules are amended often, so confirm the current version on the state's official site below.

Find the rule in your state

In your state's rules, look for the rule on petition for writ of mandamus. In states that number their rules like the federal rules, it is often the same rule number as the federal rule.