YES! A Writ of Mandamus Can Compel A Court To Rule On A Motion To Dismiss. Six Things To Consider.

As Plaintiffs we expect the Court to rule on our motions or response to motions. Sometimes the ruling, in our mind, is taking too long. What is the reason for the court's delayed ruling? There could be various reasons, including intentional delay. In such a case, a Writ of Mandamus could be filed to enforce the Court to rule on the motion. This Video addresses the Mandamus and considerations that should be explored before filing the Writ. The take-away is to do your due diligence.
SAMPLE Motion for Writ of Mandamus: asistahelp.org/wp-content/upl...

[@herbertaponte8431]

Thank you for the example Writ of Mandamus to Compel. Appeals are difficult to 'word out.'

[@advocatelucinda]

Difficult but doable.

[@krobert81568]

I had this problem in 2018 with the Bankruptcy Court . I file a writ of mandamus using the provision of the Civil Justice Reform Act as my argument. Which requires the Director of the Administrative Office of the United States Courts to prepare a semiannual report for motions that have been pending for more than six months; Mindek v. Rigatti, 964 F. 2d 1369 - Court of Appeals, 3rd Circuit 1992. The average time for a Judge to rule on a motion both state and federal is 90 days. Anything over 90 days give you reason to file a writ of mandamus: McClellan v. Young, 421 F.2d 690 (6th Cir. 1970). A fundamental requirement of due process is "the opportunity to be heard." Grannis v. Ordean, 234 U. S. 385, 394. It is an opportunity which must be granted at a meaningful time and in a meaningful manner(emphasis added). Armstrong v. Manzo, 380 US 545 -1965. When I file my writ of mandamus (after a six month delay) the judge rule on my motion the same week that I file my writ.

[@advocatelucinda]

Hi. Congratulations on winning your Writ in your Bankruptcy case. And thank you for sharing your strategy using the Civil Justice Reform Act as your argument. Also, thank you for case law from the Third Circuit, Sixth Circuit, and United States Courts. This is good information that is useful to the pro se community. I intend to dessiminate it in my next video. Best.

[@NotOkayPolicing]

You are the best!

[@advocatelucinda]

Thank you. Glad to help.

[@mr.obsidian8009]

Mandamus must address a ministerial duty, like, refusal to rule❤ the content hood job

[@advocatelucinda]

You raise an interesting discussion. It depends on whether the actor is required to exercise discretion or judgment, or whether the duty is imposed by law. Here's the distinction: In the court system, “[a] duty is discretionary if the government actor is required to exercise his or her judgment or discretion in performing the duty.” On the other hand, “a duty is ministerial and not discretionary if it is imposed by law and its performance is not dependent on the employee's judgment.” Great conversation!

[@davidthompson2988]

Is there a template for the mandamus

[@advocatelucinda]

Hi. Here is a sample Writ of Mandamus. Tailor it to your case. Best. asistahelp.org/wp-content/uploads/2019/02/NIJC-U-APA-Mandamus-Sample.pdf

[@mr.obsidian8009]

A court clerk may be commanded by writ of mandamus to perform the duty of filing if the clerk refuses to file ANY of your documents and writs. Clerks cannot refuse documentation

[@advocatelucinda]

You are correct. However, in some jurisdictions, a clerk can refuse to file documentation. For example in Michigan, the clerk of the court may only reject documents submitted for filing that do not comply with MCR 1.109(D)(1) and (2), are not signed in accordance with MCR 1.109(E), or are not accompanied by a required filing fee or a request for fee waiver under MCR 2.002(B), unless already waived or suspended by court order.

[@jolantahill787]

❤️👍

[@dianaoconnor6655]

I am trying to join a breach of contract lawsuit in progress. I am trying to intervene under rule 24. I have an interest in the property was given as collateral for 2years. It is my father’s property and he has dementia and lam POA for him. I am underlying beneficiary as well. How do l get the judge to let me in. So far so doesn’t want me to pro se.

[@advocatelucinda]

Hi. F.R.C.P. 24 provides an intervention as of right, 24(a) and a permissive intervention under 27(b). Determine that your case meets the guidelines of Rule 24 and present it to the Court. Best.