In a trial court, if no alternative writ is sought, proof of service of a copy of the petition need not accompany the application for a writ at the time of filing, but proof of service of a copy of the filed petition must be lodged with the court prior to a hearing or any action by the court.
§ 1088.5.Proof of Service of Copy of Petition If No Alternative Writ Sought
Title 1. Of Writs of Review, Mandate, and Prohibition · Chapter 2. Writ of Mandate · Last amended 1983 · Last verified July 29, 2026
In one sentenceSection 1088.5 lets a petitioner in a trial court skip filing proof of service of the petition at the time of filing when no alternative writ is sought, as long as proof of service is lodged with the court before any hearing or court action on the matter.
Full Text of § 1088.5
Plain-English Summary
This section trims a procedural step for petitioners who aren't seeking an alternative writ in a trial court. Normally proof that the petition was served would accompany the filing. Under § 1088.5, that proof can come later — it just has to be lodged with the court before any hearing takes place or before the court takes any other action on the case.
This flexibility matters beyond this section alone. Both § 1094 and § 1089.5 reference petitions filed under § 1088.5 specifically, tying deadlines for responding and for resolving the case by noticed motion to whether a petitioner used this streamlined filing path.
Frequently Asked Questions
Do I have to file proof of service with my mandate petition if I'm not seeking an alternative writ?
No. Section 1088.5 lets that proof come later, as long as it's lodged with the court before any hearing or court action on the petition.
Why does it matter whether a petition was filed under § 1088.5?
Because other sections in this chapter, including §§ 1089.5 and 1094, set response deadlines and procedures that apply specifically to petitions filed this way.
Amendment History
Amended by Stats. 1983, Ch. 818, Sec. 1.
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: proof of service writ of mandate petition california