Hello intelligence-ga,
At the outset, I should emphasize the disclaimer at the bottom of this
page, which states that answers and comments on Google Answers are
general information, and are not substitutes for informed professional
legal advice. Only a lawyer admitted to practice in Maryland is
certified as having the expertise to research the Maryland statutes,
rules, and cases, to determine how best to file your case. If you
need an expert legal opinion, you should contact an attorney in your
area.
What I have done is look at Maryland statutes and Maryland court rules
to see which of them discuss mandamus. The Maryland Rules are found
on Lexis, as noted by a web page of the Maryland Judiciary:
"Standing Committee on Rules of Practice and Procedure"
Maryland Judiciary
http://www.courts.state.md.us/rules/index.html
If you click on the link and choose "Legal Resources" for Maryland,
you will find a page that allows you to search and browse the Maryland
Code and the Maryland Rules.
Page for Maryland Code and Maryland Rules
LexisNexis
http://198.187.128.12/maryland/lpext.dll?f=templates&fn=fs-main.htm&2.0
If you search for the word "mandamus", you will get 50 results.
It appears to me -- and again, I am writing as a Google Answers
Researcher, not a Maryland lawyer -- that the important result for
your purposes is Rule 15-701. This rule makes provisions for
commencement of the action, along with defendant's response, amendment
of pleadings, ex parte action on the complaint, and the writ of
mandamus.
"Rule 15-701. Mandamus."
LexisNexis
http://198.187.128.12/maryland/lpext.dll/Infobase1/23/1da3/1ee4/1ee5
The provision for commencement of the action refers to Rules 2-303 to
2-305, which you can find here:
"Rule 2-303. Form of pleadings."
LexisNexis
http://198.187.128.12/maryland/lpext.dll/Infobase1/23/141/2a7/2ae
"Rule 2-304. Pleading certain matters."
LexisNexis
http://198.187.128.12/maryland/lpext.dll/Infobase1/23/141/2a7/2b6
"Rule 2-305. Claims for relief."
LexisNexis
http://198.187.128.12/maryland/lpext.dll/Infobase1/23/141/2a7/2bb
You also might be interested in two statutes concerning mandamus:
"§ 3-8B-01. Jurisdiction." [Maryland Statutes, Courts and Judicial
Proceedings]
LexisNexis
http://198.187.128.12/maryland/lpext.dll/Infobase/12931/12f15/138cf/138d0
"§ 3-8B-02. Trial by jury." [Maryland Statutes, Courts and Judicial
Proceedings]
LexisNexis
http://198.187.128.12/maryland/lpext.dll/Infobase/12931/12f15/138cf/138d5
Since the rules referred to in the mandamus rule are located in a
title called "Civil Procedure - Circuit Court", I presume that an
action for a writ of mandamus commences in the Circuit Court. You
should check with your local Circuit Court as to whether this is
correct, as well as to any procedures that you may need to follow and
fees that you may need to pay. (The page cited below contains a
schedule of fees, but I imagine that you would want to confirm the
fees, as well as the procedures, with someone at the court, or with a
lawyer.)
"Maryland Circuit Court"
Maryland Judiciary
http://www.courts.state.md.us/circuit.html
- justaskscott-ga
Search strategy:
Browsed on FindLaw ( http://www.findlaw.com ) for Maryland state
resources ( http://www.findlaw.com/11stategov/md/index.html )
Browsed Maryland Judiciary site
Browsed Lexis page on Maryland statutes and rules, and searched for
the term: mandamus |
