Also known as: extraordinary remedy · extraordinary relief
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An exceptional judicial remedy available outside regular legislative and judicial processes. Such remedies include mandamus and injunctions that compel or prevent particular action by municipal agents.
A statutory authorization permitting temporary restraining orders or preliminary injunctions in proceedings involving limited partnerships and limited liability companies.
An exceptional judicial remedy available outside regular legislative and judicial processes. Such remedies include mandamus and injunctions that compel or prevent particular action by municipal agents.
Select any source to read its text and confirm it supports the definition.
A statutory authorization permitting temporary restraining orders or preliminary injunctions in proceedings involving limited partnerships and limited liability companies.
Select any source to read its text and confirm it supports the definition.
Each sense below has its own examples, sources, and questions.
Ezra Eastman, a city council member, faces a recall petition that the city clerk refuses to process. Citizens petition the court for a writ of mandamus directing the clerk to verify signatures and schedule the election. The court issues the writ because recall is an exceptional judicial remedy that enforces duties outside ordinary legislative channels when no adequate alternative exists.
Yes. These remedies stand apart from regular legislative and judicial processes. They allow citizens to compel or prevent specific municipal action when ordinary channels prove inadequate.
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Yes. Courts exercise discretion and typically withhold mandamus or similar relief when another remedy, such as an ordinary lawsuit, would suffice. The writ remains a matter of discretion even when rights are clear.
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Elemental Pharmaceuticals, a limited partnership, faces a derivative suit alleging self-dealing by its general partner. The partnership appoints a special litigation committee that recommends dismissal. When the plaintiff moves for expedited discovery, the partnership seeks a temporary restraining order to halt that discovery pending the committee's report. The court grants the order because the statutory framework permits extraordinary relief to protect the committee process.
A court may grant such relief when a special litigation committee has been appointed to investigate claims. The statute expressly authorizes extraordinary relief to stay discovery or protect the committee's work while it determines whether the action serves the partnership's best interests.
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