The writ may be either alternative or peremptory. The alternative writ must command the party to whom it is directed immediately after the receipt of the writ, or at some other specified time, to do the act required to be performed, or to show cause before the court at a time and place then or thereafter specified by court order why he has not done so. The peremptory writ must be in a similar form, except that the words requiring the party to show cause why he has not done as commanded must be omitted.
§ 1087.Writ Either Alternative Or Peremptory
Title 1. Of Writs of Review, Mandate, and Prohibition · Chapter 2. Writ of Mandate · Last amended 1963 · Last verified July 29, 2026
In one sentenceSection 1087 describes the two forms a writ of mandate can take: an alternative writ, which orders the respondent to act or else appear and explain why not, and a peremptory writ, which orders the respondent to act with no invitation to show cause.
Full Text of § 1087
Plain-English Summary
A writ of mandate isn't a single fixed document — it comes in two forms with different practical effects. The alternative writ commands the respondent to do the required act immediately, or at some other time the writ specifies, or to appear before the court at a set time and place and explain why the respondent hasn't done it. It gives the respondent a formal opportunity to contest the matter before any final order issues.
The peremptory writ skips that invitation. It's worded the same way as the alternative writ, minus the language asking the respondent to show cause. A peremptory writ orders the act done, period.
Which form issues first depends on how the petitioner brought the matter to the court, as § 1088 explains — proceeding without notice to the respondent generally means the alternative writ issues first, while proceeding on due notice can let the peremptory writ issue right away.
Frequently Asked Questions
What's the difference between an alternative writ and a peremptory writ of mandate?
An alternative writ orders the respondent to act or appear and show cause why not; a peremptory writ orders the respondent to act, without any show-cause option.
Which writ issues first in a mandate proceeding?
That depends on notice to the respondent under § 1088 — an application made without notice generally results in the alternative writ issuing first, while an application made on due notice can result in the peremptory writ issuing immediately.
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: alternative writ vs peremptory writ california