The writ is either alternative or peremptory. The alternative writ must state concisely the facts showing the obligation of the defendant to perform the act, and his omission to perform it, and command him, that immediately upon the receipt of the writ, or at some other specified time, he do the act required to be performed, or show cause before the court whence the writ issued, at a specified time and place, why he has not done so; and that he then and there return the writ, with his certificate of having done as he is commanded. The peremptory writ must be in a similar form, except that the words requiring the defendant to show cause why he has not done as commanded must be omitted.
§ 25-2158.Alternative and peremptory writs.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section describes the two forms of a writ of mandamus: an alternative writ, which states the facts of the defendant’s duty and failure to act and commands performance or a court appearance to show cause why not, and a peremptory writ, which is the same but drops the show-cause language.
Full Text of § 25-2158
Source
R.S.1867, Code § 647, p. 508; R.S.1913, § 8273; C.S.1922, § 9226; C.S.1929, § 20-2158; R.S.1943, § 25-2158.
Plain-English Summary
Section 25-2158 sets out the form each type of mandamus writ takes. The alternative writ has to state concisely the facts showing the obligation of the defendant to perform the act, and the defendant’s omission to perform it. It then commands the defendant that, immediately upon receiving the writ, or at some other specified time, the defendant do the act required, or show cause before the issuing court, at a specified time and place, why it has not been done. The defendant must then return the writ, along with a certificate of having done as commanded.
The peremptory writ follows a similar form, with one difference: it omits the words requiring the defendant to show cause why the act has not been done. There is no invitation to explain — the peremptory writ commands performance outright.
Frequently Asked Questions
What are the two forms a writ of mandamus can take under this section?
Alternative and peremptory.
What must an alternative writ include?
Facts showing the defendant’s obligation to perform the act, the defendant’s failure to perform it, and a command to perform immediately or at a specified time, or appear and show cause why not.
What must happen after a defendant receives an alternative writ?
The defendant either performs the act and returns the writ with a certificate of compliance, or appears at the specified time and place to show cause.
How does a peremptory writ differ from an alternative one?
It follows a similar form but drops the language giving the defendant a chance to show cause for not performing.
Which writ gives the defendant a chance to explain noncompliance?
The alternative writ. The peremptory writ commands performance without that option.
When would a court choose one form over the other?
Section 25-2159 addresses that, setting out when a peremptory writ can issue in the first instance instead of an alternative one.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as: alternative writ of mandamus nebraskaperemptory writ of mandamus nebraskadifference between alternative and peremptory writmandamus writ show cause requirementform of a mandamus writ in nebraska