Is Pacer only for federal cases?

Is Pacer only for federal cases?

State documents- PACER is a federal system only. Check the California Courts Find My Court and National Center for State Courts for information on similar state court systems. Documents for certain federal courts, including the U.S. Supreme Court and the U.S. Tax Courts.

How long does a mandamus take?

It is filed online. You serve it with other papers issued by the court and then engage the US attorney in a dialogue. That is your typical case, with petitions getting resolved in two to three months after serving the government. It usually takes a month or two to put together a mandamus action and file it.

What is a mandamus lawsuit?

A “Mandamus Action” is a lawsuit used to compel someone, such as an officer or employee of the United States government, to act on an administrative matter that is not discretionary; where they have a legal duty to do so and have not.

How do I file a mandamus action?

In order to get a mandamus issued, you and your lawyer must generally show the court that:

1. you have a clear right to the relief request;
2. the defendant (in this case USCIS) has a clear duty to perform the act you want ordered; and.
3. you do not have any other adequate remedies available.

Can a judge appeal a writ of mandamus?

The writ of mandamus. Someone can petition for a writ of mandamus against any “inferior government official,” which includes trial court judges. So while the most well known instance of a writ of mandamus (Marbury v. Madison) is not an appeal to a court decision, it may be used to get an immediate appeal.

When can a writ of mandamus be issued?

Mandamus can be issued where there is duty to exercise discretion, such a duty of the tribunal to hear and determine a case within its jurisdiction. Section 10 of the Tribunals & enquiries Act, 1992, imposes a duty on tribunal to give reasons for its decisions.

Can mandamus be issued against court?

‘Mandamus’ means ‘we command’. It is issued by the Court to direct a public authority to perform the legal duties which it has not or refused to perform. It can be issued by the Court against a public official, public corporation, tribunal, inferior court or the government.

Can a writ be appealed?

What is a Writ? A writ is, in some ways, a “last resort” when it comes to legal proceedings. It is an order from a superior court to a lower court, often as the result of a petition. Unlike appeals, however, writ petitions do not have to be reviewed but are at the discretion of the superior court.