(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.

(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.