Ind. Code » Title 34
Indiana Code

Ind. Code § 34-27-3-1 (2025)

Action for mandate; scope

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 1. An action for mandate may be prosecuted against any inferior tribunal, corporation, public or corporate officer, or person to compel the performance of any:

(1) act that the law specifically requires; or

(2) duty resulting from any office, trust, or station.

[Pre-1998 Recodification Citation: 34-1-58-2.]

As added by P.L.1-1998, SEC.23.

 

Notes of Decisions
Cited in 25 cases (2 in the last 5 years), 1999–2026 · leading case: Hayes v. Trs. of Indiana Univ., 902 N.E.2d 303 (Ind. Ct. App. 2009).
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Hayes v. Trs. of Indiana Univ., 902 N.E.2d 303 (Ind. Ct. App. 2009). · cites it 4× “Ind.Code § 34-27-3-1 reads as follows: See.”
Mary Price v. Indiana Dep't of Child Servs. Dir. of Indiana Dep't of Child Servs., 80 N.E.3d 170 (Ind. 2017). · cites it 2× “Price styles her complaint as an action for mandate under Indiana Code section 34-27-3-1 (2014 Repl.), which provides: Sec.”
State Ex Rel. Steinke v. Coriden, 831 N.E.2d 751 (Ind. Ct. App. 2005). · cites it 3× “de-mied, state executive employees had standing to seek an order of mandate under I.C. § 34-27-3-1 against the state auditor for refusing to honor wage assignments pursuant to a collective bargaining agreement.”
John Belork v. Robin Latimer, Davis Twp. Tr. & DMK&H Farms, Inc. (rehearing), 54 N.E.3d 388 (Ind. Ct. App. 2016). · cites it 4× “[14] Ind. Code § 34-27-3-1 governs actions for mandate and provides: An action for mandate may be prosecuted against any inferior tribunal, corporation, public or corporate officer, or person to compel the performance of any: (1) act that the law specifically requires; or (2)…”
Hendricks Cnty. Bd. of Commissioners v. Rieth-Riley Constr. Co., 868 N.E.2d 844 (Ind. Ct. App. 2007). · cites it 2× “According to Indiana Code section 34-27-3-1, “[a]n action for mandate may be prosecuted against an inferior tribunal, corporation, public or corporate officer, or person to compel the performance of any: (1) act that the law specifically requires; or (2) duty resulting from any…”
Zimmerman v. State, 750 N.E.2d 337 (Ind. 2001). · cites it 2× “[1] Zimmerman asserts that his mandate action is authorized by Indiana Code § 34-27-3-1 which provides, "An action for mandate may be prosecuted against any .”
Schepers v. Comm'r, Indiana Dep't of Corr., 691 F.3d 909 (7th Cir. 2012). “And although a writ of mandate under Ind.Code § 34-27-3-1 appears to be theoretically available, its usage is disfavored in Indiana law.”
Perry v. Ballew, 873 N.E.2d 1068 (Ind. Ct. App. 2007). · cites it 2× “Indiana Code Section 34-27-3-1 governs actions for mandate and provides: An action for mandate may be prosecuted against any inferior tribunal, corporation, public or corporate officer, or person to compel the performance of any: (1) act that the law specifically requires; or…”
Nass v. State Ex Rel. Unity Team, Local 9212, Int'l Union, United Auto., Aerospace & Agric. Implement Workers, 718 N.E.2d 757 (Ind. Ct. App. 1999). · cites it 2× “” Ind.Code § 34-27-3-1. One of the Auditor’s statutory duties includes drawing warrants on the treasury of the state directing her to pay funds out of the treasury to “public officers or for any other object as the warrants become payable.”
State Ex Rel. Berkshire v. City of Logansport, 928 N.E.2d 587 (Ind. Ct. App. 2010). · cites it 2× “As a result, because neither Judge Dykeman's estate nor his heirs brought an action to retake the property in light of the alleged improper operation of the park, Logans-port asserts that Berkshire cannot prevail.”
Varner v. Indiana Parole Bd., 905 N.E.2d 493 (Ind. Ct. App. 2009). · cites it 4× “Indiana Code section 34-27-3-1 states that "(aln action for mandate may be prosecuted against any inferior tribunal, corporation, public or corporate officer, or person to compel the performance of any .”
Lavelle Malone v. Keith Butts & Bruce Lemmon, 974 N.E.2d 1025 (Ind. Ct. App. 2012). · cites it 2× “Ind.Code § 34-27-3-1 governs actions for mandate and provides: An action for mandate may be prosecuted against any inferior tribunal, corporation, public or corporate officer, or person to compel the performance of any: (1) act that the law specifically requires; or (2) duty…”
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