NH Law About ...: Writs of Mandamus: Read The Law About ...

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New Hampshire Statutes

The N.H Supreme Court and the N.H. Superior Courts have statutory authority (RSA 490:4 and RSA 491:7) to issue writs of mandamus when appropriate and there are court rules that prescribe how the writs are brought. Follow the links below to find these sources.

New Hampshire Cases

In re CIGNA Healthcare, Inc., 146 N.H. 683 (2001)
"A writ of mandamus is used to compel a public official to perform a ministerial act that the official has refused to perform, or to vacate the result of a public official's act that was performed arbitrarily or in bad faith. This court will, in its discretion, issue a writ of mandamus only where the petitioner has an apparent right to the requested relief and no other remedy will fully and adequately afford relief."
Godfrey v. Godfrey, 111 N.H. 291 (1971)
"Mandamus is an extraordinary remedy which is granted only when there is clear and apparent right to the relief requested and when no other adequate relief is available. This court will not interfere with the ordinary process of appeal unless there is a clear case of necessity."
Guarracino v. Beaudry, 118 N.H. 435 (1978)
"This court clearly has the power to issue writs of mandamus in proper cases. To enforce the performance of a ministerial duty, a mandamus will lie against any officer of the government, even the chief executive officer. Our cases also allow the writ to issue to overturn the result of the discretionary performance of an official function when an official exercises his discretion arbitrarily or in bad faith."
Rockhouse Mt. Property Owners Assoc. v. Town of Conway, 127 N.H. 593 (1986)
"Mandamus is an extraordinary writ that may be addressed to a public official, ordering him to take action, and it may be issued only when no other remedy is available and adequate. When an official is given discretion to decide how to resolve an issue before him, a mandamus order may require him to address the issue, but it cannot require a particular result."

New Hampshire Court Rules

Rules of the Superior Court of the State of New Hampshire
See Rule 4.
Rules of the Supreme Court of the State of New Hampshire
See Rules 10 and 11.

Please remember that this guide is for information purposes only and is not comprehensive.
It is intended as a starting point for research, to illustrate the various sources of the law, and to provide guidance in their use.
NH Law About ... is not a substitute for the services of an attorney.