Md. R. Spec. Proc. 15-701

As amended through September 13, 2024

Rule 15-701 - Mandamus

(a) Applicability. This Rule applies to actions for writs of mandamus other than administrative mandamus pursuant to Title 7, Chapter 400 of these Rules or mandamus in aid of appellate jurisdiction.

(b) Commencement of Action. An action for a writ of mandamus shall be commenced by the filing of a complaint, the form and contents of which shall comply with Rules 2-303 through 2-305. The plaintiff shall have the right to claim and prove damages, but a demand for general relief shall not be permitted.

Committee note: Because a mandamus action is similar to an ordinary civil proceeding, the discovery rules and the Rules in Title 5 apply. Code, Courts Article, § 3-8B-02 provides: "An action for a writ of mandamus shall be tried by a jury on request of either party. This has been judicially interpreted to apply to fact questions. See Cicala v. Disability Review Board for Prince George's County, 288 Md. 254 (1980).

(c) Defendant's Response. The defendant may respond to the complaint as provided in Rule 2-322 or Rule 2-323. An answer shall fully and specifically set forth all defenses upon which the defendant intends to rely.

(d) Amendment. Amendment of pleadings shall be in accordance with Rule 2-341.

(e) Writ of Mandamus.

(1)Contents and Compliance. The writ shall be peremptory in form and shall require the defendant to perform immediately the duty sought to be enforced, unless for good cause shown the court extends the time for compliance. The writ need not recite the reasons for its issuance.

(2)Certificate of Compliance. Immediately after compliance, the defendant shall file a certificate stating that all the acts commanded by the writ have been fully performed.

(3)Enforcement. Upon application by the plaintiff, the court may proceed under Rule 2-648 against a party who disobeys the writ.

(f) Adequate Remedy at Law. The existence of an adequate remedy in damages does not preclude the issuance of the writ unless the defendant establishes that property exists from which damages can be recovered or files a sufficient bond to cover all damages and costs.

Md. R. Spec. Proc. 15-701

This Rule is derived from former Rules BE40, BE41, BE43, BE44, BE45, and BE46.

Adopted June 5, 1996, eff. 1/1/1997. Amended Nov. 8, 2005, eff. 1/1/2006.

HISTORICAL NOTES

2005 Orders

The November 8, 2005, order rewrote this rule, which previously read:

"(a) Commencement of Action. An action for a writ of mandamus shall be commenced by the filing of a verified complaint, the form and contents of which shall comply with Rules 2-303 through 2-305. The plaintiff shall have the right to claim and prove damages, but a demand for general relief shall not be permitted.

"(b) Defendant's Response. The defendant may respond to the complaint as provided in Rule 2-322 or Rule 2-323. An answer shall be verified and shall fully and specifically set forth all defenses upon which the defendant intends to rely, but the defendant shall not assert any defense that the defendant might have relied upon in an answer to a previous complaint for mandamus by the same plaintiff for the same relief.

"(c) Amendment. Amendment of pleadings shall be in accordance with Rule 2-341.

"(d) Ex Parte Action on Complaint.

"(1) Upon Default by Defendant. If the defendant is in default for failure to appear, the court, on motion of the plaintiff, shall hear the complaint ex parte. The plaintiff shall be required to introduce evidence in support of the complaint. If the court finds that the facts and law authorize the granting of the writ, it shall order the writ to issue without delay. Otherwise, the court shall dismiss the complaint.

"(2) Upon Striking of Defendant's Answer. If the court grants a motion to strike an answer filed pursuant to Rule 2-322(e) and the court does not permit the filing of an amended answer, the court may enter an order authorizing the writ to issue without requiring the plaintiff to introduce evidence in support of the complaint.

"(e) Writ of Mandamus.

"(1) Contents and Time for Compliance. The writ shall be peremptory in form and shall require the defendant to perform immediately the duty sought to be enforced. For good cause shown, however, the court may extend the time for compliance. It shall not be necessary for the writ to recite the reasons for its issuance.

"(2) Certificate of Compliance. Immediately after compliance, the defendant shall file a certificate stating that all the acts commanded by the writ have been fully performed.

"(3) Enforcement. Upon application by the plaintiff, the court may proceed under Rule 2-648 against a party who disobeys the writ.

"(f) Adequate Remedy at Law. The existence of an adequate remedy in damages does not preclude the issuance of the writ unless the defendant establishes that property exists from which damages can be recovered or files a sufficient bond to cover all damages and costs.

"Source: This Rule is derived from former Rules BE40, BE41, BE43, BE44, BE45, and BE46.

Derivation:

Maryland Rule of Procedure BE40, adopted Sept. 15, 1961, eff. Jan. 1, 1962, amended April 6, 1984, eff. July 1, 1984, related to commencement of mandamus actions, rescinded June 5, 1996, eff. Jan. 1, 1997.

Maryland Rule of Procedure BE41, adopted Sept. 15, 1961, eff. Jan. 1, 1962, amended April 6, 1984, eff. July 1, 1984, related to answers and motions to dismiss, rescinded June 5, 1996, eff. Jan. 1, 1997.

Maryland Rule of Procedure BE43, adopted Sept. 15, 1961, eff. Jan. 1, 1962, amended eff. July 1, 1974; amended April 6, 1984, eff. July 1, 1984, related to ex parte action, rescinded June 5, 1996, eff. Jan. 1, 1997.

Maryland Rule of Procedure BE44, adopted Sept. 15, 1961, eff. Jan. 1, 1962, related to damages, rescinded June 5, 1996, eff. Jan. 1, 1997.

Maryland Rule of Procedure BE45, adopted Sept. 15, 1961, eff. Jan. 1, 1962, amended April 6, 1984, eff. July 1, 1984, related to writs of mandamus, rescinded June 5, 1996, eff. Jan. 1, 1997.

Maryland Rule of Procedure BE46, adopted Sept. 15, 1961, eff. Jan. 1, 1962, related to other remedies, rescinded June 5, 1996, eff. Jan. 1, 1997.