A peremptory writ of mandamus (also peremptory writ of mandate or simply peremptory mandamus) is an absolute and unqualified

writ In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, a ...

(a formal written command) to the

defendant In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdic ...

to do the act in question. It is issued when the defendant defaults on, or fails to show sufficient cause in answer to, an alternative

mandamus (; ) is a judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority, to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from ...

. It is one of the three types of a

. A more exact definition of a peremptory writ of mandate is "a final order of a court to any governmental body, government official or a lower court to perform an act the court finds is an official duty required by law."

Distinguishing from other kinds of mandamus

A peremptory writ of mandate "is distinguished from an alternative writ of mandate (mandamus), which orders the governmental agency, court or officials to obey the order or show cause at a hearing why it should not." This may also be distinguished from a

continuing mandamus Continuing mandamus or structural interdict or structural injunction is a relief given by a court of law through a series of ongoing orders over a long period of time, directing an authority to do its duty or fulfill an obligation in general public ...

, which asks for an officer or other authority to perform its tasks expeditiously for an unstipulated period of time for preventing miscarriage of justice. "The usual practice is for anyone desiring such an order is to file a petition for the alternative writ. If the officials do not comply with the order and fail to convince the court that the writ of mandate should not be issued, then the court will issue the peremptory writ. In some emergency situations or when there is no conceivable reason for the government not to follow the law, then the peremptory writ will be issued after a notice of hearing without the alternative writ." In some

jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jur ...

s or

court system A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance w ...

s, all types or kinds of writs are bunched together under a single procedural framework. In

New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...

civil practice, any writ is titled a proceeding against (a) body or officer.

California

California California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...

, writs of mandate are usually issued first in the alternative and then, if the filing party prevails, as a peremptory writ. However, in certain cases, the

court of appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

may grant a 'peremptory writ in the first instance', granting the requested relief immediately. Although a peremptory writ in the first instance is issued without a formal response from the real party in interest, the court must first issue a ''Palma'' notice to advise the real party in interest that a peremptory writ in the first instance is being considered, and give them an opportunity to submit an informal response.

References

{{reflist Prerogative writs