How to file a Writ of Mandamus

[broncovet]

There are 4 things you need to know to file a Writ.  Simple, right?  If you get these 4, you can begin your Writ.  Without them, it will never happen.    I will tell a story of how I learned "the Big 4".  

Years ago, I had a friend in the Navy.  He and I both played chess, and I marveled at him when I learned he could play chess blindfolded.  He said he would teach me to play chess blindfolded.  I responded,

"Im not smart enough to play chess blindfold.  How do you remember where all the pieces are?"

He responded, "In due time, in due time". 

Many months later, my very trusted friend asked me.

"Do you trust me?"

I responed, "Gee, Neil, why do you ask.  I trust you with my life."

He said, "I need you to do what I ask, and dont question why."  

Ok.  

He said, "For a moment, dont worry about "whether or not" you can play, blindfold chess, just focus on where the pieces are on the board.   Can you picture the chess pieces, in your mind, set up and ready to play?

"Sure, that's easy."  

"Now, take the pawn in front of the king, and push it forward 2 squares like you always do in our games.  Can you see that in your mind?"  

"Yes."

Congratulations, you are now playing blindfold chess.

      Once you put out of your mind the reasons why you can not do something, and focus on doing it, you are almost there.

     Ditto for a writ of mandamus.  Now, for the "Big 4" I promised:

Here they are:  (Drum roll......)

1.  You

2.  Can

3.  Do

4.  It.  

[Berta]

I agree !  Nothing is impossible!

Writs of Mandamus are very difficult   to succeed in-

This is one of only a few Writs granted by the US CAVC:

https://law.yale.edu/system/files/documents/pdf/Clinics/vlsc_MonkvMcDonaldMandamusPetition.pdf

If you dont have a lawyer, you need to read over the conditions for a Mandamus writ very carefully-

all that info is at the US CAVC.

One of the biggest reason writs are denied by the court is because the veteran or claimant had not exhausted all issues to get their claim resolved.

I filed a writ probably in  early 1997-and sent a copy of it to my VARO-

The writ was denied but the award was soon in the mail. It was my initial claim for acrued benefits.

 

 

 

 

 

[broncovet]

Thank you Berta.  You pointed out the next step, which, after the Big 4, is the 5 P's.

PROPER PREPERATION PREVENTS POOR PERFORMANCE.  

Read other's Writs.  Lots of em.  I will go into Writ's more, here (unless Alex will chime in).  Or, of course, you Berta.  

[Berta]

Rule 21 is what has to be followed-

This is only part of Rule 21:

"Rule 21: Extraordinary Relief
(a) Petition: Service, Content, and Filing. Extraordinary relief from the Court may only be sought by filing a petition with the Clerk with proof of service on the respondent(s), the Secretary (if not a respondent), and any other party in interest. The petition shall-

(1) state the precise relief sought;

(2) state the facts necessary to understand the issues presented by the petition;

(3) state the reasons why the Court should grant the petition, including why the petitioner has a clear and indisputable right to the writ and why there are inadequate alternative means to obtain the relief sought;

(4) include an appendix containing copies of any order or decision or any other documents necessary to understand and support the petition; and

(5) describe any public officer who is a respondent by name and official title.

The requirements of Rules 3(f) (Payment of Fees) and 24 (Waiver of Filing Fee) apply to petitions. Upon receipt of the filing fee (unless waived pursuant to Rule 24 (Waiver of Filing Fee)), the Clerk will submit the petition to the Court."

https://www.uscourts.cavc.gov/rule21.php

This part is what is often difficult to satisfy:

"(3) state the reasons why the Court should grant the petition, including why the petitioner has a clear and indisputable right to the writ and why there are inadequate alternative means to obtain the relief sought;"

 

 

 

[broncovet]

Thank you Berta.  Rule 21 should be your "check off list", and you should not submit the writ until "someone else" can understand how your writ met all these requirements.   Its part of the first part of filing a writ:

Preperation.  

You have to demonstrate you have tried everything else.  Did you contact your VARO?  When did you contact them?  What was their response?  Did you try an Iris email?  What was there response?  Did you give them sufficient time to respond?  Did you send a 21-4138 addressing your issue(s)?   What was their response?  Did you send an "intent to file a writ"?  This is what I did..I sent an "intent to file a writ" unless the VARO responded in a "reasonable period of time.  I gave them 60 days.  As Berta explained fully, you need to exhaust other means of remedy before a writ.  Its not a substitute for an IRIS email, a 21-4138, a phone call, an appeal, or a cue  motion.  

If you are filing a writ to compel VA to issue a decision, then dont file one if you just applied 60 days ago.  

However, if your claim is "stuck" in la la land and you have documentation of years of delays and run arounds, especially if they proved to be false, then consider a writ.  

[broncovet]

As part of your preperation to file a writ, go to Alex Graham's website and read about his writs.  He has 60 or more articles on Writ of mandamus, including several he filed, and others he commented on.

https://asknod.org/category/extraordinary-writs-of-mandamus/page/2/

[kanewnut]

13 hours ago, broncovet said:

     Ditto for a writ of mandamus.  Now, for the "Big 4" I promised:

Here they are:  (Drum roll......)

1.  You

2.  Can

3.  Do

4.  It.  

Why is there no Heart at the end of broncovet's posts? I needed to click on the hilarious laugh!