The plaintiff may attach to the complaint or subsequently file a motion under oath for a temporary order of mandamus to be effective until the final disposition of the cause. Such a motion shall be addressed to the court to which the action is returnable. The judicial authority may, if it appears upon hearing that the plaintiff will otherwise suffer irreparable injury, forthwith issue such an order or it may issue a rule to show cause why it should not be issued; but no such temporary order shall issue in any case, except where the state’s attorney is the plaintiff, until the plaintiff has given to the opposing party a bond with surety, approved by the judicial authority, that the plaintiff will answer all damages should the plaintiff fail to prosecute the action to effect, unless the judicial authority shall find that the giving of such bond is unnecessary. Any party may at any time make a motion to the court that any such temporary order be dissolved.
Section 23-48.—Temporary Order of Mandamus
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceA mandamus plaintiff can ask for a temporary order under oath to prevent irreparable injury while the case is pending, but the court generally requires a surety bond first and any party can later move to dissolve the order.
Full Text of Section 23-48
Amendment History
(P.B. 1978-1997, Sec. 544.)
Plain-English Summary
This section lets a mandamus plaintiff seek interim relief while the case is still being litigated. The plaintiff attaches the request to the complaint, or files it later, as a sworn motion for a temporary order of mandamus that stays in effect until the case is finally decided. The judicial authority to which the action is returnable hears the motion and, if the plaintiff would otherwise suffer irreparable injury, can issue the order right away or instead issue a rule to show cause why it should not issue.
Before a temporary order can take effect, the plaintiff generally must give the opposing party a surety bond, approved by the judicial authority, promising to answer for damages if the plaintiff fails to prosecute the action. Two exceptions apply: no bond is required when the state's attorney is the plaintiff, and the judicial authority can waive the bond if it finds one unnecessary. Once issued, any party can move at any time to have the temporary order dissolved.
Frequently Asked Questions
How do I get a temporary order of mandamus in Connecticut?
File a sworn motion, either attached to the complaint or later, addressed to the court where the action is returnable, showing that irreparable injury will otherwise result.
Is a bond required for a temporary order of mandamus?
Generally yes, unless the state's attorney is the plaintiff or the judicial authority finds a bond unnecessary.
Can a temporary order of mandamus be undone later?
Yes. Any party may move at any time to have the temporary order dissolved.
What must the plaintiff show to get the order issued right away?
The judicial authority must find, upon hearing, that the plaintiff will otherwise suffer irreparable injury before it will forthwith issue the order.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 23-48). 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: temporary order of mandamus CTmandamus bond requirementirreparable injury mandamusdissolve temporary mandamus order