Law Offices of Richard F. Cornell

150 Ridge Street, 2nd Floor Reno NV 89501 U.S.A. View Map
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Writs of Mandamus/ Prohibition
This is an extraordinary writ issued from a court to an official compelling performance of a ministerial act that the law recognizes as an absolute duty, as distinct from other types of acts that may be a matter of the official?s discretion. It is extraordinary in the sense that it is used only when all other judicial remedies have failed or are inadequate, and the official has acted in excess of his jurisdiction. The mirror image of mandamus is prohibition, which is to prohibit the official from doing something s/he has no jurisdiction to do. Occasionally, these get litigated in the appellate courts, and although typically they are summarily denied, sometimes they can have a profound impact on pending litigation.

See: State v. Second Judicial District Court, 116 Nev. 953, 11 P.3d 1209 (2000).


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