The writ must be served in the same manner as a summons in a civil action, except when otherwise expressly directed by order of the Court. Service upon a majority of the members of any Board or body, is service upon the Board or body, whether at the time of the service the Board or body was in session or not.
§ 1096.Service of Writ
Title 1. Of Writs of Review, Mandate, and Prohibition · Chapter 2. Writ of Mandate · Enacted 1872 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1096 requires that a writ be served the same way a summons is served in a civil action unless the court orders otherwise, and treats service on a majority of a board or body's members as service on the entire board or body, whether or not it was in session at the time.
Full Text of § 1096
Plain-English Summary
This section keeps writ service simple by borrowing the familiar rules for serving a summons in an ordinary civil action, unless the court specifically directs a different method. That link means practitioners already familiar with civil service rules don't need to learn a separate system just for mandate proceedings.
It also solves a practical problem for writs directed at collective bodies — boards, commissions, and similar groups. Serving a majority of the board or body's members counts as service on the board or body as a whole, and it doesn't matter whether the board happened to be in session when service occurred.
Frequently Asked Questions
How is a writ of mandate served on a respondent?
The same way a summons is served in a civil action, unless the court expressly orders a different method.
What if the writ is directed at a board or similar body?
Serving a majority of the board or body's members counts as service on the board or body itself, regardless of whether it was in session at the time.
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: service of writ of mandate california