§ 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
Full Text of § 1108
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.