After the hearing, the court may render judgment making the writ peremptory.
Art. 3866.Judgment
Book VII. Special Proceedings · Title III. Extraordinary Remedies · Chapter 3. Mandamus · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 3866 lets a court, after holding the hearing that the alternative writ set up, render judgment making the writ of mandamus peremptory, converting the earlier conditional order into a final, unconditional command to act.
Full Text of Art. 3866
Plain-English Summary
Article 3866 supplies the final step in a mandamus proceeding. After the hearing that Article 3865's alternative writ set in motion, the court can render judgment making the writ peremptory — converting the earlier conditional order into a final, unconditional command.
The word peremptory marks the difference from the alternative writ that came before it. An alternative writ gave the defendant an option: comply, or show cause why compliance should not be required. A peremptory writ carries no such alternative; once issued, it commands performance outright.
Article 3866 uses permissive language, letting the court render this judgment rather than requiring it automatically once a hearing occurs. That leaves room for the court to deny mandamus at this stage if the hearing shows the defendant's cause was sufficient, or to craft a judgment tailored to what the evidence and argument established.
Frequently Asked Questions
What does it mean for a mandamus writ to become peremptory?
It means the court, after the hearing, has converted the earlier conditional alternative writ into a final, unconditional command to perform the act demanded.
Is the court required to make the writ peremptory after the hearing?
No. Article 3866 says the court may render that judgment, leaving room to deny mandamus if the defendant's showing at the hearing was adequate.
What is the difference between an alternative writ and a peremptory writ?
An alternative writ under Article 3865 gives the defendant a choice to comply or show cause; a peremptory writ under Article 3866 is the final, unconditional command issued after that hearing.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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