The writ of review must command the party to whom it is directed to certify fully to the court issuing the writ at a time and place then or thereafter specified by court order a transcript of the record and proceedings (describing or referring to them with convenient certainty), that the same may be reviewed by the court; and requiring the party, in the meantime, to desist from further proceedings in the matter to be reviewed.
§ 1071.Command of Writ
Title 1. Of Writs of Review, Mandate, and Prohibition · Chapter 1. Writ of Review · Last amended 1963 · Last verified July 29, 2026
In one sentenceSection 1071 spells out what a writ of review must command: that the responding party certify a full transcript of the record and proceedings to the issuing court by a specified time and place, and that the party desist from further proceedings in the reviewed matter in the meantime.
Full Text of § 1071
Plain-English Summary
This section fixes the writ's basic command. It must direct the party it's aimed at to certify, fully, a transcript of the record and proceedings under review -- described with enough certainty that everyone knows what's being certified -- to the court at a time and place the court specifies.
It also builds in a hold: the writ commands the party to desist from further proceedings in the matter under review while the certification is pending. That command is what gives the writ of review its stay-like effect by default.
Section 1072 immediately qualifies that default. The court can omit the stay language from the writ when a stay isn't wanted, and if it does, the tribunal's power isn't suspended and the underlying proceedings aren't stayed.
Frequently Asked Questions
What must a writ of review command the responding party to do?
Certify a full transcript of the record and proceedings to the issuing court at a specified time and place, and desist from further proceedings in the matter in the meantime.
Does the writ of review automatically stop the underlying proceedings?
By default the command to desist works like a stay, but § 1072 lets the court omit that language, in which case the underlying proceedings aren't stayed.
Amendment History
Amended by Stats. 1963, Ch. 461.
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: command of writ of review californiawrit of certiorari transcript requirement