The justices of the Supreme Court and of the courts of appeal, or any of them, may, at chambers, grant all orders and writs which are usually granted in the first instance upon an ex parte application, except writs of mandamus, certiorari, and prohibition; and may, in their discretion, hear applications to discharge such orders and writs.
§ 165.Justices of Supreme Court; Justices of courts of appeal
Title 2. Judicial Officers · Chapter 2. Powers of Judges at Chambers · Last amended 1967 · Last verified July 28, 2026
In one sentenceSection 165 lets justices of the California Supreme Court and Courts of Appeal grant, at chambers, most orders and writs ordinarily issued on an ex parte application, but withholds that chambers authority for writs of mandamus, certiorari, and prohibition, and lets those justices hear applications to discharge the orders or writs they do grant.
Full Text of § 165
Plain-English Summary
Section 165 gives appellate justices a shortcut for routine ex parte business. Rather than convening the full court, a single justice of the Supreme Court or a Court of Appeal can act at chambers to grant the kinds of orders and writs that are usually issued in the first instance on an ex parte application — the sort of relief that does not require a full hearing before both sides.
The section draws a firm line around that shortcut. Three of the most consequential extraordinary writs — mandamus, certiorari, and prohibition — are carved out entirely; a single justice cannot grant those at chambers no matter how routine the request might seem. The justice’s chambers authority does extend to hearing an application to discharge an order or writ already granted, giving a party a path to challenge chambers relief without waiting for the full appellate court to reconvene.
Frequently Asked Questions
Can a single appellate justice grant a writ of mandamus without a full court proceeding?
No. Section 165 excludes writs of mandamus, certiorari, and prohibition from the ex parte chambers authority it otherwise gives Supreme Court and Court of Appeal justices.
What kind of relief can an appellate justice grant at chambers?
Section 165 allows a justice to grant, at chambers, the orders and writs usually issued in the first instance on an ex parte application, other than the three excluded writs.
Can a party ask to have a chambers order discharged?
Yes. Section 165 lets the justice who granted the order or writ at chambers also hear an application to discharge it.
Amendment History
Enacted 1872. Repealed and re-enacted Code Amdts 1880 ch 35 § 1. Amended Stats 1935 ch 74 § 3; Stats 1967 ch 17 § 10.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: appellate justice chambers powers californiaccp 165 ex parte orders appellate courtwrits excluded from chambers authority california