Adopted June 25, 1946 · Last amended April 12, 1999 · Last verified June 30, 2026
In one sentenceRule 1095 lists what a mandamus complaint must set out, including the parties, the facts relied on, the act or duty owed and the defendant's refusal, the plaintiff's interest, and the relief sought.
(7)a prayer for the entry of a judgment against the defendant commanding that the defendant perform the act or duty required to be performed and for damages, if any, and costs.
End
Plain-English Summary
A mandamus complaint has to show the court a clear legal duty and a refusal to perform it. The rule requires the plaintiff to set out the parties, the facts relied on, the act or duty the defendant must perform and its refusal to do so, the plaintiff's interest in the matter, and the demand for relief.
Spelling out the duty and the refusal is the heart of the pleading, because mandamus issues only where the right to performance is clear.
Frequently Asked Questions
What must a mandamus complaint contain?
The parties, the facts relied on, the act or duty owed and the defendant's refusal to perform it, the plaintiff's interest, the damages if any, the want of any other adequate remedy at law, and a prayer for judgment commanding performance, with damages and costs.
Amendment History
The provisions of this Rule 1095 adopted June 25, 1946, effective January 1, 1947; amended April 12, 1999, effective July 1, 1999, 29 Pa.B. 2266. Immediately preceding text appears at serial page (212330).
Source & verification. Rule text, the Official Note, and the amendment
history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation
of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. ·
Official text
Also known as:mandamus complaintpleading mandamusact or duty and refusal