The legal process is a different world for most people. There is a separate language, a different set of rules and regulations for conduct, and dozens of specific procedures that must be followed or there could be consequences that lead to a loss of your case or even jail time. When someone proceeds with a legal case or is sued and the case move to the court, they hire attorneys who understand the many processes that make up a court case. For the plaintiff and defendant however, it can be pretty overwhelming.
If you are involved in a court case as a plaintiff or defendant, here are some things that you should keep in mind and understand.
There are Court Procedures that are Very Special – Writ of Mandamus
Mandamus is a procedure that either a plaintiff or a defendant in a court case can demand in the event the person feels the case is not being fairly tried and he is being deprived of his rights. A writ of Mandamus is defined as a remedy in the form of an order from a superior court to any government, subordinate court, corporation, or public authority, to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from doing), and which is in the nature of public duty, and in certain cases one of a statutory duty. A mandamus cannot be issued to compel an authority to do something against statutory provision. For example, it cannot be used to force a lower court to reject or authorize applications that have been made, but if the court refuses to rule one way or the other then a mandamus can be used to order the court to rule on the applications.
A mandamus filed in the US legal system must be a judicially enforceable and legally protected right. A person can be said to be aggrieved only when he or she is denied a legal right by someone who has a legal duty to do something and abstains from doing it. For a court to issue a writ of mandamus, a person bringing the petition must establish that he has a clear legal right to the performance of a clear legal duty by a public officer and that he has no other legal remedies available to him.
This specialized procedure can make the difference in a case where you feel aggrieved by the court. There are local attorneys who specialize in writing and filing of this procedure and if you feel you have been injured by the court you need one of these specialists. If you are in a court case in Los Angeles you need a Los Angeles mandamus attorney to assist you with your filing. Having the right specialist can make all the difference in the outcome of the filing and your case.
Court Cases Usually Take a Long Time
Depending on how backed up the courts are in the jurisdiction where your court case is, it may take you two years to get in front of a judge. Many people are surprised to hear this, but large cities like New York and Los Angeles have such a backlog of court cases, it can be this long before you get your day in court. With these extreme timelines being a reality, you must have both patience and staying power in order to prevail in your case. Make sure that you have an attorney that is dedicated to keeping you inspired to be optimistic no matter the time involved. You will need your optimism and faith to get through it and if you have both it will definitely work in your favor.
Court cases are never easy no matter the outcome. Surround yourself with the best attorneys you can find and learn as much as you can about the process. It will serve you well during your case.