district courts directly through
writs of mandamus and prohibition.
Crime victims have petitioned for
writs of mandamus to compel courts to enforce procedural rights in other forums with varying degrees of success.
The act to establish the judicial courts of the United States authorizes the supreme court 'to issue
writs of mandamus, in cases warranted by the principles and the usages of law, to any courts appointed, or persons holding office, under the authority of the United States.
If the Supreme Court has appellate jurisdiction--because the case is one of the "cases herein after specially provided for"--then it may issue
writs of mandamus to carry out that appellate jurisdiction.
While the Ohio Supreme Court has original jurisdiction for
writs of mandamus or prohibition action, the facts in Sheward do not satisfy the common law requirements for either of those writs.
Writs of mandamus are restricted to forcing an agency to carry out their duties, and are not available to strip an agency of its discretion in its method of carrying out the duty.
The fact that two federal courts of appeals have entertained challenges to consolidation and class certification decisions on petitions for
writs of mandamus should give defendants authority for obtaining such review under appropriate circumstances.
34) For example,
writs of mandamus have been used to compel a trial judge to rule on a pending motion; (35) to compel a trial judge to submit to a jury issues that are so triable by right; (36) and to compel a trial judge to enforce another state's judgment of child custody.
8) And because Section 13 of the Judiciary Act of 1789 (9) purportedly conferred on the Supreme Court original jurisdiction to issue
writs of mandamus in this type of case, Section 13 was unconstitutional.
The rule identifies
writs of mandamus, prohibition, quo warranto, certiorari, habeas corpus, and all writs necessary to the complete exercise of the courts' jurisdiction.
