Part 23 · Miscellaneous Remedies and Procedures

Rule 23-45. Mandamus; Parties Plaintiff; Complaint

Amended January 1, 2026 (current)

(a) An action of mandamus may be brought in an individual right by any person who claims entitlement to that remedy to enforce a private duty owed to that person, or by any state's attorney to enforce a public duty.

(b) The plaintiff shall commence the action by serving and filing a writ and complaint that conforms to the requirements of Section 8-1 of these rules. The prayer for relief shall include asking that an order in the nature of a mandamus be granted. No affidavit to the truth of the allegation of the complaint is required.

Committee Notes

(Amended June 24, 2016, to take effect Jan. 1, 2017.) (P.B. 1978-1997, Sec. 541.) (Amended June 24, 2016, to