Chapter 586 — Issuance of Writ, Judicial Discretion Not Controlled

586.01 Issuance of Writ, Judicial Discretion Not Controlled This section describes the writ of mandamus, which is a court order that forces a government official, board, or …

586.02 Issuance on Information A writ of mandamus can only be requested by the person who would benefit from the action. It cannot be used if there is …

586.03 Alternative or Peremptory Writ, Contents This section describes the two types of mandamus writs. An alternative writ tells the defendant to either do the …

586.04 Peremptory Writ A peremptory writ of mandamus can be issued right away, without first giving the defendant a chance to respond, when the …

586.05 Writ; Court Order; Service Writs of mandamus must be issued by court order. The order must state the return day and explain how the writ should be …

586.06 Answer On the return day of an alternative writ, the person served can file an answer explaining why they should not be …

586.07 Default; New Matter in Answer; Demurrer If the defendant does not file an answer, the court will automatically issue a peremptory mandamus. If the defendant …

586.08 Pleadings, Issues, Trial Only the writ, answer, and demurrer are allowed as pleadings in mandamus cases. The issues are tried the same way as in …

586.09 Judgment for Plaintiff; Appeal If the plaintiff wins a mandamus case, the court awards damages, costs, and a peremptory writ. The losing side can …

586.10 Fines for Neglect of Duty If a public officer or board refuses to obey a peremptory mandamus without a valid excuse, the court can fine them up to …

586.11 Jurisdiction of District and Appellate Courts District courts handle most mandamus cases. The Court of Appeals handles cases directed at district court judges, and …

586.12 Issues of Fact; Trial Fact issues in mandamus cases are tried in the county where the defendant lives or where the events took place. Either …