(a) An action of mandamus may be brought in an individual right by any person who claims entitlement to that remedy to enforce a private duty owed to that person, or by any state’s attorney to enforce a public duty.
Section 23-45.Mandamus; Parties Plaintiff; Complaint
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceThis section defines who may bring a mandamus action in Connecticut Superior Court and requires the plaintiff to start the case with a writ and complaint asking for an order in the nature of mandamus, without needing a supporting affidavit.
Full Text of Section 23-45
(b) The plaintiff shall commence the action by serving and filing a writ and complaint that conforms to the requirements of Section 8-1 of these rules. The prayer for relief shall include asking that an order in the nature of a mandamus be granted. No affidavit to the truth of the allegation of the complaint is required.
Amendment History
(P.B. 1978-1997, Sec. 541.) (Amended June 24, 2016, to take effect Jan. 1, 2017.)
Plain-English Summary
Subsection (a) identifies two kinds of plaintiffs who can bring a mandamus action. A private individual can sue to enforce a duty that someone else owes personally to that individual. A state's attorney can sue to enforce a duty owed to the public rather than to any one person. Either way, mandamus exists to compel someone who holds a duty to perform it.
Subsection (b) lays out how to start the case. The plaintiff serves and files a writ and complaint that meets the general requirements of Section 8-1, and the prayer for relief must specifically ask the court to grant an order in the nature of mandamus. Unlike some other special proceedings, no affidavit swearing to the truth of the complaint's allegations is required.
Frequently Asked Questions
Who can bring a mandamus action in Connecticut?
Any person who claims a private duty is owed to them can sue individually, and a state's attorney can sue to enforce a duty owed to the public.
Do I need an affidavit to file a mandamus complaint?
No. Section 23-45 specifically states that no affidavit to the truth of the complaint's allegations is required.
What must the complaint ask for in a mandamus action?
The prayer for relief must ask that the court grant an order in the nature of a mandamus, and the writ and complaint must otherwise conform to Section 8-1.
What is the difference between a private and a public mandamus duty?
A private duty is owed specifically to the person bringing the action, while a public duty is one a state's attorney enforces on behalf of the public generally.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 23-45). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: mandamus action CTwho can file mandamus Connecticutmandamus complaint requirementsorder in the nature of mandamusstate's attorney mandamus