Writ of mandamus texas pdf 2025

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The fee to file a petition for writ of mandamus (also known as a mandamus petition) in the Texas Supreme Court is generally $155. Electronic filing providers often charge an additional fee, which would not be charged if a party were providing a check directly to the court of appeals.
Section 552.321 - Suit for Writ of Mandamus (a) A requestor or the attorney general may file suit for a writ of mandamus compelling a governmental body to make information available for public inspection if the governmental body refuses to request an attorney generals decision as provided by Subchapter G or refuses to
There is no fixed deadline for filing a petition for writ of mandamus. See CMH Homes v. Perez, 340 S.W.
When Can a Writ of Mandamus Be Filed? There is no time limit for filing a writ of mandamus. However, a petition for a writ of mandamus could be dismissed if you unreasonably delay in filing it.
Do not file a writ of mandamus by yourself. At least consult with an attorney beforehand. Do not copy and paste various writs of mandamus samples that are available on the Net. Make sure you and your attorney have reviewed the latest writ of mandamus cases in your jurisdiction to see how courts are treating them.
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Legal requirements The duty sought to be enforced must have two qualities: It must be a duty of public nature and the duty must be imperative and should not be discretionary. Furthermore, mandamus will typically not be granted if adequate relief can be obtained by some other means, such as appeal.
Mandamus relief requires the petitioner to demonstrate both a clear abuse of discretion by the trial court and the absence of an adequate remedy at law. To meet this standard, the petitioner must provide a complete and authenticated record supporting the claims.
You must show all of the following: That you have a clear right to relief. That there is an undisputed duty on the lower court. That there is no adequate remedy at law. That you asked the lower court act first.

writ of mandamus texas pdf