2025 Session
§ 586.01 — Issuance of Writ, Judicial Discretion Not Controlled
Plain-Language Summary
This section describes the writ of mandamus, which is a court order that forces a government official, board, or organization to perform a duty required by law. The court can order action but cannot control how a judge uses their own judgment.
586.01 ISSUANCE OF WRIT, JUDICIAL DISCRETION NOT CONTROLLED.
The writ of mandamus may be issued to any inferior tribunal, corporation, board, or person to compel the performance of an act which the law specially enjoins as a duty resulting from an office, trust, or station. It may require an inferior tribunal to exercise its judgment or proceed to the discharge of any of its functions, but it cannot control judicial discretion.
History:
History: History: (9722) RL s 4556
Practical Notes
A writ of mandamus is used when a government body refuses to do something the law requires. For example, if a public official will not issue a license you are entitled to, you can ask the court for a mandamus order to compel them to act.