Except as otherwise provided in this Title, the provisions of Part II of the Code are applicable to and constitute the rules of practice in the proceedings mentioned in this Title.
§ 1109.Generally
Title 1. Of Writs of Review, Mandate, and Prohibition · Chapter 5. Rules of Practice and Appeals · Enacted 1872 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1109 makes Part 2 of the Code of Civil Procedure, the rules governing ordinary civil actions, the default rules of practice for every proceeding covered by this Title, except where this Title itself provides something different.
Full Text of § 1109
Plain-English Summary
This chapter's writ proceedings don't operate in a procedural vacuum. Section 1109 plugs in Part 2 of the Code of Civil Procedure -- the part governing ordinary civil actions -- as the default rules of practice whenever this Title doesn't say otherwise.
That means the everyday mechanics of litigation -- pleadings, motions, evidence, and the rest of Part 2's machinery -- apply to writ of review, prohibition, and mandate proceedings unless a specific provision in this Title displaces them, the way § 1074 displaces ordinary appellate review with its narrower jurisdictional-excess standard.
Frequently Asked Questions
What procedural rules govern a writ of mandate or writ of prohibition proceeding?
Part 2 of the Code of Civil Procedure, the same rules that govern ordinary civil actions, except where this Title provides otherwise.
Does this Title ever override Part 2's general civil procedure rules?
Yes. Section 1109 only supplies Part 2's rules as a default -- any specific provision in this Title controls instead.
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: rules of practice writ proceedings californiapart 2 civil procedure applies to writs