Sometimes you can’t wait for an appeal to correct an error by the trial court. When this is the case, pursuing a writ of mandamus may be warranted.
Mandamus is an extraordinary remedy and is not available in most cases. In the family law context, mandamus is typically pursued when a trial court issues an order during the suit (but prior to a final trial) that harms or prejudices a party in a way that the party cannot wait until the end of the case to appeal.
In cases where it is warranted, a writ of mandamus can be issued by the appellate court, ordering the district or county court to correct certain errors. Again, typically, these must be errors that cannot wait for an traditional appeal. Here are some examples of situations where mandamus may be warranted:
- A trial court has changed the primary residence of a child on temporary orders either with insufficient evidence or by misapplying the law;
- The trial court has improperly held a party in contempt;
- The trial court has compelled production of priviledged or protected information;
- The trial court has refused to compel discovery necessary to a parties’ case;
- The trial court has wrongfully refused or assumed juridiction under the UCCJEA (statute dealing with interstate jurisdiction over children).
Of course, any other matter of urgent necessity may warrant mandamus. If you feel you have a matter that meets this description, feel free to reach out to us for a consultation.