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What is a court order that can be used to compel a public official to carry out a law?
An order to compel a public official to either perform or not perform is a Writ of Mandamus. When bringing the action against a federal official, it law can be found in 28 U.S.C. section 1361. However, if the action is to be brought against a state official, you must check the state's law and bring the action in the court with the proper jurisdiction. Additionally, a Writ of Mandamus cannot be used to compel an official to do something he or she is not stautorily required to do.
- Graduating Law School Student - New York
What else can I help you with?
What can you do if you think that the probate of an estate has taken to long to settle?
File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.File a motion with the probate court asking the court to compel the executor to complete the probating of the estate.
Can the Supreme Court issue a writ of mandamus in certain legal cases?
Yes, the Supreme Court can issue a writ of mandamus in certain legal cases to compel a lower court or government official to perform a specific duty.
What if you get a letter from the court for a motion to compel?
Very hard to answer this question without knowing what the motion to compel was requiring of you.
What if a Plaintiff Refuses to answer to a motion for discovery?
If a party refuses to answer Discovery in a civil case, you can file a Motion to Compel, requesting that the court compel them to answer.
What shoud be the course of action if Under Right for Information Act 2005 the public information officer delays denies the answer as the corruption by appellete authority itself is to be unearthed?
File a suit to compel the release of the public documents with the US District Court.
Are Superior Court trial cases published in the official citations?
Unknown what is bering referred to as "official citations,' however (in the US) all court cases are'public records' and, unless sealed by the court, are vailable for review by the public by going to the office of the Clerk of Court.
What steps can be taken to compel a third party to comply with a subpoena for motion to compel third party subpoena?
To compel a third party to comply with a subpoena for a motion to compel a third party subpoena, you can file a motion with the court requesting that the third party be ordered to comply. The court may then issue an order directing the third party to provide the requested information or documents. Failure to comply with the court order may result in legal consequences for the third party.
What happens in motion to compel hearing family law case?
A motion to compel hearing in a family law case is when one party asks the court to enforce a prior order or compel the opposing party to comply with a court order, such as providing requested documents or information. Both parties present arguments to the court, and the judge will decide whether to grant the motion and what actions to take to ensure compliance with the court order.
Can a court compel an employer to provide copies of W-2's?
Yes, a court can compel an employer to provide copies of your W-2 forms. The court can also order your employer to deduct a certain portion of your pay for child support before you are paid the remainder.
What is the name of a courtroom official?
A court official is anyone working on an official capacity in court. Often, this includes the clerk, the attorneys, the judge, and the bailiffs/police officers that are in charge of court security and conduct. Other court officials, known as ancillary officials, include translators, attorney investigators (such as state attorney and public defender investigators), and court reporters.
What good is filing a petition to compel an accounting in surrogate court going to do?
This is a question for your lawyer.
How did the Supreme Court rule in McCulloch vs. Maryland?
They said that a public official has more power than a state does.
