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§ 1108.Writ Returnable and Heard In Discretion of Court

Title 1. Of Writs of Review, Mandate, and Prohibition · Chapter 4. Writs of Review, Mandate, and Prohibition May Issue and Be Heard at Chambers · Last amended 1967 · Last verified July 29, 2026

In one sentenceSection 1108 gives the Supreme Court, a Court of Appeal, or a superior court discretion to make writs of review, mandate, and prohibition returnable and heard at any time, rather than only during a fixed court session.

Full Text of § 1108

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Writs of review, mandate, and prohibition issued by the Supreme Court, a court of appeal, or a superior court, may, in the discretion of the court issuing the writ, be made returnable, and a hearing thereon be had at any time.

Plain-English Summary

This is the source of the chapter title's promise that these writs "may issue and be heard at chambers." Section 1108 lets the Supreme Court, a Court of Appeal, or a superior court decide, at its own discretion, that a writ of review, mandate, or prohibition may be made returnable and heard at any time.

Without this flexibility, an extraordinary writ meant to provide urgent relief could be stuck waiting for the court's regular calendar. Letting the issuing court set its own schedule keeps these writs useful for the situations that call for them -- jurisdictional excess that often can't wait.

Frequently Asked Questions

Can a court hear a writ of mandate outside its regular calendar?

Yes. Section 1108 lets the Supreme Court, a Court of Appeal, or a superior court make these writs returnable and heard at any time, in its discretion.

Does this section apply to all three writs covered by this Title?

Yes -- writs of review, mandate, and prohibition are all covered.

Amendment History

Amended by Stats. 1967, Ch. 17.

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: writ heard at chambers californiawrit of mandate returnable any time