What You Need to Know About Writ of Mandamus in Washington
A Writ of Mandamus is a request for a Superior Court to review and reverse a final decision or order of an administrative agency. Here’s everything you need to know about the Writ of Mandamus in Washington.
A Writ of Mandamus can be used to challenge adjudicatory decisions in certain circumstances. While a Writ of Mandamus is typically used to challenge court or government decisions, a Writ of Administrative Mandamus can be used to review decisions of private organizations.
What is a Writ of Mandamus in Washington?
A Writ of Mandamus in Washington is used to challenge or overturn a final decision or order made by an administrative agency. To use a Writ of Mandamus certain criteria must have been met when the adjudicatory decision was made:
- The decision must have been final
- The decision must have resulted from a hearing
- Evidence was required for the hearing
- The decision maker had the discretion to determine the facts
To petition for a Writ of Administrative Mandamus, individuals must have a beneficial or public interest in a decision. Beneficial means the individual is personally affected by an administrative decision, and public means the decision affects a sector of the public that the individual is a part of or concerned with.
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How to File a Writ of Mandamus in Washington
To file a Writ of Mandamus in Washington an individual must file a petition with the circuit clerk and serve it to all relevant parties. The petition must include:
- The relief sought
- The issues the individual had with the original decision
- The facts necessary to understand the issue
- Reasons explaining why the Writ should be issued
The clerk will submit the petition to the court who will have the opportunity to either deny the petition or order the respondent to answer within a fixed amount of time. When the respondent answers, the court may invite or order the trial-court judge to address the petition.
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Following this, the court may decide that a briefing is necessary and the clerk will notify the parties. After a hearing, the court will decide whether or not to reverse or change the decision that led the individual to file a Writ of Administrative Mandamus.
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