If the return of the writ be defective, the Court may order a further return to be made. When a full return has been made, the Court must hear the parties, or such of them as may attend for that purpose, and may thereupon give judgment, either affirming or annulling, or modifying the proceedings below.
§ 1075.Return of Writ
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 1075 lets the court order a further return when the writ's return is defective, and once a full return has been made and the court has heard the parties, authorizes a judgment affirming, annulling, or modifying the proceedings under review.
Full Text of § 1075
Plain-English Summary
The return is the responding party's certified transcript required by § 1071. If that return comes back incomplete or otherwise defective, § 1075 doesn't force the court to work with what it has -- it can order a further return until the record is adequate to review.
Once a full return is on file, the court hears whichever parties choose to appear and rules. Three outcomes are available: affirming the proceedings below, annulling them, or modifying them. That judgment is what § 1064 defines as the final determination of the parties' rights in the proceeding.
Frequently Asked Questions
What happens if the return to a writ of review is incomplete?
The court may order a further return before proceeding, rather than deciding the case on a defective record.
What can the court do once a full return is filed?
After hearing the parties who choose to attend, the court may affirm, annul, or modify the proceedings under review.
Do all parties have to appear at the hearing on the return?
No. Section 1075 lets the court hear such of the parties as may attend, not requiring every party's appearance.
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: return to writ of review californiaannulling proceedings writ of certiorari