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mandamus

What is a Writ of Mandamus?

In latin, mandamus means “we command.” In Pennsylvania we see that a Writ of Mandamus is filed in
the Superior Court of Pennsylvania. Usually we file the Writ of Mandamus to ask the Superior Court to
command the Court of Common Pleas to do something. The action being commanded is usually an
administrative task or a command to follow a previous order.

For example, when you file an appeal the trial court must certify the lower court record. If you file an
appeal, the briefing schedule is put out after the record is certified. Therefore, if the lower court never
certifies the record, you never get to file your appeal. Kind of like a filibuster. Your remedy at common
law is to file a writ of mandamus in the Superior Court, commanding the lower court to certify the
record.

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