Define: Peremptory Writ Of Mandate (Or Mandamus)

A peremptory writ of mandate, also referred to as mandamus, is a legal directive issued by a court that compels a government entity or individual to either perform or cease a specific action if they are found to be in violation of the law or their responsibilities. It is distinct from an alternative writ of mandate in that the court has already determined that the government entity or individual must take action. The defendant is not permitted to contest the writ, as it is binding. However, the defendant must be informed of the writ and may be given the chance to present their arguments.

A peremptory writ of mandate, also known as mandamus, is a judicial order that compels a government body, government official, or lower court to perform an act or cease an action. This occurs when the court determines that a law, duty, or judgement requires them to do so. It differs from an alternative writ of mandate because the court is enforcing an act that has already been established by a lower court or government body. For instance, in the case of Sholtz v. U. S., the Fifth Circuit Court of Appeals affirmed the issuance of a peremptory writ of mandate that compelled Florida state officials from the treasury department to pay a judgement that had been established by a lower court. Similarly, in California Building Industry Assoc’n v. State Water Resource Control Bd., the California Superior Court issued a peremptory writ of mandate to halt the implementation of certain environmental standards that had already been deemed invalid. Typically, the defendant is given notice of the writ petition and an opportunity to present their arguments. For example, according to California Code of Civil Procedure § 1088, if the application for the writ is made without notice to the adverse party and the writ is allowed, the alternative writ must be issued first. However, if the application is made with due notice and the writ is allowed, the peremptory writ may be issued immediately. Additionally, in the case of Campbell v. Superior Court, the California Court of Appeal demonstrated that defendants to a peremptory writ of mandate can present new evidence at a hearing to determine whether the writ should be issued. Overall, a peremptory writ of mandate is a powerful tool that courts utilise to ensure that government bodies and officials comply with the law and fulfil their obligations.

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This glossary post was last updated: 17th April 2024.