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§ 1070.To Whom Writ Directed

Title 1. Of Writs of Review, Mandate, and Prohibition · Chapter 1. Writ of Review · Enacted 1872 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 1070 lets a court direct the writ of review to the inferior tribunal, board, or officer whose proceedings are challenged, or to any other person who has custody of the record, and requires a tribunal's clerk to return the writ along with the required transcript.

Full Text of § 1070

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The writ may be directed to the inferior tribunal, Board, or officer, or to any other person having the custody of the record or proceedings to be certified. When directed to a tribunal, the Clerk, if there be one, must return the writ with the transcript required.

Plain-English Summary

The writ has to go somewhere, and § 1070 gives the court flexibility about where. It can be directed to the inferior tribunal, board, or officer whose proceedings are being reviewed, or to any other person who happens to hold custody of the record or proceedings that need certifying -- useful when the tribunal itself no longer has the file.

When the writ goes to a tribunal that has a clerk, the statute puts the return obligation on that clerk specifically: the clerk must return the writ along with the transcript the writ requires under § 1071.

Frequently Asked Questions

Must the writ of review always be directed to the tribunal that made the decision?

No. Section 1070 also allows it to be directed to any other person who has custody of the record or proceedings to be certified.

Who is responsible for returning the writ when it's directed to a tribunal?

The tribunal's clerk, if it has one, must return the writ along with the required transcript.

Amendment History

Enacted 1872.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 29, 2026. · Official source
Also known as: writ of review directed to tribunal californiawho must return writ of certiorari