Wis. Stat. § 783.01

Mandamus, return to first writ

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783.01783.01 Mandamus, return to first writ. Mandamus is a civil action. The writ of mandamus shall specify the time within which the defendant shall make return thereto. Before such time expires the defendant may move to quash the writ and such motion shall be deemed a motion to dismiss the complaint under s. 802.06 (2).

783.01 HistoryHistory: Sup. Ct. Order, 67 Wis. 2d 585, 762 (1975); 1979 c. 32 s. 60; Stats. 1979 s. 783.01.

783.01 AnnotationThe necessity of resolving by construction an apparent ambiguity in statutes to arrive at the nature of the duty sought to be compelled does not preclude resort to mandamus as a remedy. Morrissette v. DeZonia, 63 Wis. 2d 429, 217 N.W.2d 377 (1974).

783.01 AnnotationMandamus lies to compel an official to perform prescribed duties that are clear and unequivocal when the responsibility to act is imperative and the petitioner shows substantial damage will result from failure to perform the act. Burns v. City of Madison, 92 Wis. 2d 232, 284 N.W.2d 631 (1979).

783.01 AnnotationIt is an abuse of discretion to compel an action through mandamus when the duty to act is not clear and unequivocal and requires the exercise of discretion. A writ of mandamus to compel town officials to enforce ordinances was properly denied. Vretenar v. Hebron, 144 Wis. 2d 655, 424 N.W.2d 714 (1988).

783.01 AnnotationThe elements of a writ of mandamus are: 1) a clear legal right; 2) a plain and positive duty; 3) substantial damages or injury should the relief not be granted; and 4) no other adequate remedy at law. Voces de la Frontera, Inc. v. Clarke, 2017 WI 16, 373 Wis. 2d 348, 891 N.W.2d 803, 15-1152.

Notes of Decisions

Cited in 10 cases, 1982–2016 · leading case: Schill v. Wisconsin Rapids School District

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Schill v. Wisconsin Rapids School District (2010) wis · cites it 4× “[19] The Teachers assert in the alternative that the circuit court was competent to adjudicate the Teachers' claims pursuant to a writ of mandamus under Wis. Stat. § 783.01 ; the Teachers had requested a writ of mandamus ordering that the personal e-mails are not records subject…”

Christensen v. Sullivan (2009) wis · cites it 4× “[34] ¶ 133 The contempt statute offers no textual basis for the position that whether a contempt is "continuing" for purposes of Wis. Stat. § 783.01 (3) depends on whether other remedies are available to the victim of contempt.”

State Ex Rel. Morke v. Donnelly (1990) wis · cites it 4× “" Section 783.01, Stats. The issue this motion presents is whether the facts alleged in the petition for writ of mandamus state a cause of action under the public records statute, sec.”

State Ex Rel. Griffin v. Litscher (2003) wisctapp · cites it 2× “Wis. Stat. § 783.01 . The facts pleaded and all reasonable inferences from the pleading must be taken as true.”

T.W. v. Brophy (1996) wied · cites it 2× “If Judge Flanagan denied that motion, Enk, through his attorneys, could appeal and raise the constitutional issues.”

Oak Creek Citizen's Action Committee v. City of Oak Creek (2007) wisctapp · cites it 2× “Oak Creek Citizen's Action Committee and Mark Verhalen appeal the circuit-court order dismissing their Wis. Stat. § 783.01 mandamus action seeking to compel the City of Oak Creek to comply with *704 the direct-legislation statute, Wis.”

Schroeder v. Schoessow (1982) wis “Sec. 783.01, Stats., provides, “Mandamus is a civil action.”

Keane v. St. Francis Hospital (1994) wisctapp “Sections 783.01 and 783.02, Stats.; State ex rel Dame v.”

Voces De La Frontera, Inc. v. Clarke (2016) wisctapp · cites it 2× “See Wis. Stat. § 783.01 . "Mandamus is the appropriate remedy to compel public officers to perform duties arising out of their offices.”

State Ex Rel. Richards v. Foust (1990) wisctapp “2d 893, 895 (1990); sec. 783.01, Stats. The issue presented on the motion is whether the facts alleged in the petition for the alternative writ state a cause of action under the public records statute.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.