Section 23-47.—Mandamus Order in a Pending Action

Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026

In one sentenceIn a case already pending, any party can ask the court for a mandamus-type order by motion, and the person accused of failing to perform the duty can be brought before the court through a rule to show cause.

Full Text of Section 23-47

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Any party may move for an order in the nature of a mandamus in a pending action. Any person claimed to be charged with the duty of performing the act in question may be summoned before the court by the service upon that person of a rule to show cause.

Amendment History

(P.B. 1978-1997, Sec. 543.) (Amended June 24, 2016, to take effect Jan. 1, 2017.)

Plain-English Summary

This section covers mandamus relief inside an existing lawsuit rather than as its own separate action. Any party to a pending case can move for an order in the nature of mandamus. If someone is claimed to be responsible for performing the act the mandamus order would require, that person can be summoned to court through service of a rule to show cause, giving them notice and a chance to respond before the court acts.

Frequently Asked Questions

Can I seek mandamus relief without filing a new lawsuit?

Yes. Section 23-47 lets any party in a pending action move for an order in the nature of mandamus rather than starting a separate case.

How does the person who owes the duty get notified?

They are summoned before the court by service of a rule to show cause, which requires them to appear and explain why the order should not issue.

How is this different from filing a mandamus action under Section 23-45?

Section 23-45 governs a standalone mandamus lawsuit started by writ and complaint, while Section 23-47 applies when mandamus relief is sought by motion inside a case already in court.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 23-47). 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 order pending action CTrule to show cause mandamusmotion for mandamus Connecticutmandamus in existing lawsuit