A writ of mandamus may be issued in all cases where the law provides no relief by ordinary means or where the delay involved in obtaining ordinary relief may cause injustice; provided, however, that no court shall issue or cause to be issued a writ of mandamus to compel the expenditure of state funds by any state department, board or agency, or any officer, administrator or head thereof, or any officer of the state of Louisiana, in any suit or action involving the expenditure of public funds under any statute or law of this state, when the director of such department, board or agency, or the governor shall certify that the expenditure of such funds would have the effect of creating a deficit in the funds of said agency or be in violation of the requirements placed upon the expenditure of such funds by the legislature.
Art. 3862.Mandamus; Issuance of
Book VII. Special Proceedings · Title III. Extraordinary Remedies · Chapter 3. Mandamus · Last amended 1969 · Last verified July 30, 2026
In one sentenceArticle 3862 allows a writ of mandamus wherever ordinary legal remedies provide no relief or the delay of pursuing them would work an injustice, but bars any court from using mandamus to force a state agency to spend public funds once the agency's director or the governor certifies that doing so would create a deficit or violate a legislative funding restriction.
Full Text of Art. 3862
Amendment History
Amended by Acts 1969, No. 34, §3.
Plain-English Summary
Article 3862 sets the basic test for when mandamus is available: the law provides no relief through ordinary means, or pursuing ordinary relief would involve enough delay that an injustice would result. Mandamus does not substitute for an ordinary lawsuit whenever a party would prefer a faster or simpler path; it steps in only where the ordinary process falls short.
That availability standard reflects mandamus's character as an extraordinary remedy, not a routine one. A party who has an adequate ordinary remedy, even a slower one, generally has to use it. Mandamus is reserved for situations where waiting on that ordinary process would itself work an unfairness the law should not tolerate.
The article then carves out a significant limit tied to state finances. No court can order a state department, board, agency, or officer to spend state funds if the agency's director, or the governor, certifies that the expenditure would create a deficit in the agency's funds or violate a legislative restriction on how those funds may be spent. That carve-out keeps a court from using mandamus to override the executive and legislative branches' control over the public purse, even when a party would otherwise have a strong claim that a duty to spend exists.
Frequently Asked Questions
When is a writ of mandamus available in Louisiana?
When the law provides no relief through ordinary means, or when the delay involved in pursuing ordinary relief would cause an injustice, subject to the state-funds limitation Article 3862 also sets out.
Can a court order a state agency to spend public funds through mandamus?
Not if the agency's director or the governor certifies that the expenditure would create a deficit in the agency's funds or violate a legislative restriction on their use. Article 3862 blocks mandamus in that situation.
Is mandamus available whenever I want a faster resolution than an ordinary lawsuit?
No. Article 3862 limits mandamus to cases where ordinary relief is unavailable or where its delay would cause injustice, not merely where a faster process would be convenient.
Why does Louisiana limit mandamus over state fund expenditures?
To keep courts from overriding the executive and legislative branches' authority over the state budget, even in cases where a party might otherwise have a real claim to compel spending.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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