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RULE 15-701. MANDAMUS

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 15. Other Special Proceedings
Chapter 700. Mandamus
MD Rules, Rule 15-701
RULE 15-701. MANDAMUS
(a) Applicability. This Rule applies to actions for writs of mandamus other than administrative mandamus pursuant to Title 7, Chapter 400 of these Rules or mandamus in aid of appellate jurisdiction.
(b) Commencement of Action. An action for a writ of mandamus shall be commenced by the filing of a complaint, the form and contents of which shall comply with Rules 2-303 through 2-305. The plaintiff shall have the right to claim and prove damages, but a demand for general relief shall not be permitted.
Committee note: Because a mandamus action is similar to an ordinary civil proceeding, the discovery rules and the Rules in Title 5 apply. Code, Courts Article, § 3-8B-02 provides: “An action for a writ of mandamus shall be tried by a jury on request of either party.” This has been judicially interpreted to apply to fact questions. See Cicala v. Disability Review Board for Prince George's County, 288 Md. 254 (1980).
(c) Defendant's Response. The defendant may respond to the complaint as provided in Rule 2-322 or Rule 2-323. An answer shall fully and specifically set forth all defenses upon which the defendant intends to rely.
(d) Amendment. Amendment of pleadings shall be in accordance with Rule 2-341.
(e) Writ of Mandamus.
(1) Contents and Compliance. The writ shall be peremptory in form and shall require the defendant to perform immediately the duty sought to be enforced, unless for good cause shown the court extends the time for compliance. The writ need not recite the reasons for its issuance.
(2) Certificate of Compliance. Immediately after compliance, the defendant shall file a certificate stating that all the acts commanded by the writ have been fully performed.
(3) Enforcement. Upon application by the plaintiff, the court may proceed under Rule 2-648 against a party who disobeys the writ.
(f) Adequate Remedy at Law. The existence of an adequate remedy in damages does not preclude the issuance of the writ unless the defendant establishes that property exists from which damages can be recovered or files a sufficient bond to cover all damages and costs.
Source: This Rule is derived from former Rules BE40, BE41, BE43, BE44, BE45, and BE46.

Credits

[Adopted June 5, 1996, eff. Jan. 1, 1997. Amended Nov. 8, 2005, eff. Jan. 1, 2006.]
MD Rules, Rule 15-701, MD R SPEC P Rule 15-701
Current with amendments received through May 15, 2022. Some sections may be more current, see credits for details.
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