2012 Connecticut General Statutes
Title 52 - Civil Actions
Chapter 918 - Mandamus, Ne Exeat, Prohibition and Quo Warranto
Section 52-485 - Writ of mandamus.

(a) The Superior Court may issue a writ of mandamus in any case in which a writ of mandamus may by law be granted, and may proceed therein and render judgment according to rules made by the judges of the Superior Court or, in default thereof, according to the course of the common law.

(b) When any writ of mandamus has been issued, requiring the party to whom it is directed to make a return, if the party fails to do so, the court may issue a peremptory mandamus.

(c) Any common law requirement that the state’s attorney participate in any way in an action for mandamus is abolished.

(1949 Rev., S. 8221; P.A. 76-100, S. 3; P.A. 76-436, S. 413, 681; P.A. 82-160, S. 180.)

History: P.A. 76-100 specified that any common law requirement that state’s attorney participate in action for mandamus is abolished as of October 1, 1976; P.A. 76-436 substituted superior court judges’ rules for supreme court judges’ rules and removed power of common pleas court to issue writ of mandamus, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-160 rephrased the section, inserted Subsec. indicators, and deleted “On or after October 1, 1976” from the provision abolishing any common law requirement that the state’s attorney participate in a mandamus action.

Phrase “within its jurisdiction” discussed. 13 CS 448. Writ of mandamus is a prerogative writ which will issue only to enforce a clear legal right where the person against whom it is directed is under a legal obligation to perform the act commanded. 21 CS 33. Mandamus issues to compel performance of a ministerial duty imposed by law and not involving the exercise of a discretion. There must be a clear legal right to the relief and no other remedy. 22 CS 336.

Subsec. (a):

Cited. 225 C. 575.

Cited. 13 CA 124. Cited. 37 CA 348.

Subsec. (c):

Cited. 41 CS 302.