Ohio Revised Code Chapter 2731 - Mandamus

• Section 2731.01 - Mandamus Defined.
  Mandamus is a writ, issued in the name of the state to an inferior tribunal, a corporation, board, or person, commanding the performance of...
• Section 2731.02 - Courts Authorized To Issue Writ - Contents.
  The writ of mandamus may be allowed by the supreme court, the court of appeals, or the court of common pleas and shall be...
• Section 2731.03 - Writ Does Not Control Judicial Discretion.
  The writ of mandamus may require an inferior tribunal to exercise its judgment, or proceed to the discharge of any of its functions, but...
• Section 2731.04 - Application For Writ.
  Application for the writ of mandamus must be by petition, in the name of the state on the relation of the person applying, and...
• Section 2731.05 - Adequacy Of Law Remedy Bar To Writ.
  The writ of mandamus must not be issued when there is plain and adequate remedy in the ordinary course of the law. Effective Date:
• Section 2731.06 - Peremptory Writ In First Instance.
  When the right to require the performance of an act is clear and it is apparent that no valid excuse can be given for...
• Section 2731.07 - Allowance Of Writ Entered On Journal.
  The allowance of the writ of mandamus, and an order that the defendant, immediately upon service, do the act required to be performed, or,...
• Section 2731.08 - Service Of Writ.
  The writ of mandamus shall be served upon the defendant personally, by copy, by the sheriff or by a person specially authorized by the...
• Section 2731.09 - Pleadings - Effect.
  On the return day of an alternative writ of mandamus, or such further day as the court allows, the defendant may answer as in...
• Section 2731.10 - Peremptory Writ Allowed On Failure To Answer.
  If no answer is made to an alternative writ of mandamus, a peremptory mandamus must be allowed against the defendant. Effective Date: 10-01-1953
• Section 2731.11 - Recovery Of Damages.
  If judgment in a proceeding for a writ of mandamus is rendered for the plaintiff, the relator may recover the damages which he has...
• Section 2731.12 - Costs Against Relator.
  If judgment in a proceeding for a writ of mandamus is rendered for the defendant, all costs shall be adjudged against the relator. Effective...
• Section 2731.13 - Failure To Obey Writ.
  When a peremptory mandamus has been directed to a public officer, body, or board commanding the performance of a public duty specially enjoined by...
• Section 2731.14 - Writ To Force Tax Levy - County Auditor To Levy And Assess Tax.
  When a peremptory mandamus has been awarded against a board of county commissioners, a board of township trustees, the legislative authority of a municipal...
• Section 2731.15 - County Auditor Shall Execute Order.
  When a special order is issued to a county auditor under section 2731.14 of the Revised Code, he is responsible for its execution as...
• Section 2731.16 - Power Of Court.
  Sections 2731.14 and 2731.15 of the Revised Code do not limit the power of the court to carry its order and judgment into execution,...

Last modified: October 10, 2016