The Rules of Civil Procedure apply to an action for a writ of mandate or a writ of prohibition.
Rule 74.Actions for writ of mandate or prohibition
Title IX: Provisional and Final Remedies · Last amended July 1, 2016 · Last verified July 14, 2026
In one sentenceRule 74 lays out the definitions and procedure for writs of mandate and prohibition, the court orders used to compel a public duty or to stop a court or official from acting beyond its authority.
Full Text of Rule 74
(a) Definitions.
(1) Writ of mandate. A writ of mandate is an order issued by the court to any inferior court, corporation, board or person that:
(A) compels the performance of an act which a party has a duty to perform as a result of an office, trust or station; or
(B) compels the admission of a party to the use and the enjoyment of a right or office to which the party is entitled and from which the party is unlawfully precluded by such inferior court, corporation, board or person.
(2) Writ of prohibition. A writ of prohibition is an order that arrests the proceedings of any court, corporation, board or person, when such proceedings are without or in excess of the jurisdiction of the court, corporation, board or person.
(3) Alternative writ. An alternative writ orders a party to:
(A) immediately after receipt of the writ or at some other specified time, do the act required to be performed or to stop doing or refrain from taking any other specified act until further order of the court, or
(B) show cause before the court at a specified time and place why the party has not done the mandated act or stopped the prohibited act.
(4) Peremptory writ. A peremptory writ requires a party, immediately after receipt of the writ or at some other specified time, to do the act required to be performed or to stop doing or refrain from taking any other specified act.
(b) Procedure.
(1) Alternative writ.
(A) When any complaint or petition for a peremptory writ of mandate or prohibition asks that an alternative writ be issued first, the court may issue the alternative writ based on a verified complaint or affidavit showing grounds.
(B) Copies of the summons, petition, any affidavits, and the alternative writ must be served upon the defendant at least 14 days before to the date of any show cause hearing.
(C) No contested trial of the petition for peremptory writ may be had at a show cause hearing pursuant to an alternative writ, and no peremptory writ may issue as a result of a contested show cause hearing.
(D) If the party on whom the alternative writ was served appears at the time specified to show cause, the court must, at the show cause hearing, set a time for the trial of the action on its merits and the court may hear limited testimony as to whether the alternative writ should remain in force pending trial on the merits.
(2) Peremptory writ.
(A) A responsive pleading to the complaint or petition is filed and served in the same manner as an answer to any other complaint in a civil action.
(B) If an answer raises a question of fact essential to the determination of the motion and affecting the substantial rights of the parties, the court may order the question to be tried before a jury and postpone the final hearing until a jury trial can be had on the contested fact. The order for trial must clearly state the question to be tried and designate the county for the trial. If the jury finds for the plaintiff, the court may also direct the jury to assess any damages which the plaintiff may have sustained.
On entry of the judgment, if the writ is awarded it must be issued immediately as a peremptory writ.
Amendment History
(Adopted March 1, 2016, effective July 1, 2016.)
Plain-English Summary
A writ of mandate compels someone — a lower court, corporation, board, or person — to perform a duty they owe because of their office or role, or to let someone exercise a right they have been wrongly denied. A writ of prohibition does the opposite: it stops a proceeding that is happening without authority or beyond the court’s or official’s jurisdiction. Rule 74 defines both, along with the two forms a writ can take along the way: an alternative writ, which either orders the act done right away or sets a hearing to show cause why not, and a peremptory writ, which flatly requires the act be done.
The procedure runs in stages. A party can ask for an alternative writ first, supported by a verified petition or affidavit, and the defendant must be served at least 14 days before any show-cause hearing. That hearing is not a trial on the merits — it only decides whether the writ should stay in force until trial. From there, the case proceeds much like an ordinary civil action, with a responsive pleading, and if a genuine factual dispute matters to the outcome, the court can send that question to a jury before ruling on the writ itself.
Frequently Asked Questions
What is the difference between a writ of mandate and a writ of prohibition?
A writ of mandate compels someone to perform a duty or to let a person exercise a right they are wrongly denied. A writ of prohibition instead stops a proceeding that is happening without or beyond the actor’s jurisdiction.
What is an alternative writ?
An order that either directs a party to do (or stop doing) something right away, or sets a time and place for the party to show cause why they have not.
What is a peremptory writ?
A writ that flatly requires a party to do the specified act, or to stop doing the prohibited one, without conditioning it on a further show-cause hearing.
Can the merits be tried at the alternative writ’s show-cause hearing?
No. The rule says no contested trial of the petition for a peremptory writ may be held at that hearing, and no peremptory writ can issue from it.
What happens if there is a genuine factual dispute?
The court can order that disputed factual question tried before a jury and postpone the final hearing until that trial is complete, before deciding whether to issue the writ.
Source & verification. Rule text
are reproduced verbatim from the Idaho Rules of Civil Procedure, adopted by the
Supreme Court of Idaho. Last verified July 14, 2026. ·
Official source
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