When the right to require the performance of the act is clear and it is apparent that no valid excuse can be given for not performing it, a peremptory mandamus may be allowed in the first instance. In all other cases, the alternative writ must be first issued, except that a peremptory mandamus in the first instance shall not be given in any case involving the delivery of irrigation water if the Chief Water Officer as defined in section 25-1062.01 is a party.
§ 25-2159.Peremptory writ; when allowed in first instance.
Article 21: Special Proceedings and Actions · Last amended 2025 · Last verified July 22, 2026
In one sentenceThis section allows a peremptory mandamus to issue right away when the right to the act is clear and no valid excuse could exist, requires an alternative writ first in every other case, and blocks a first-instance peremptory writ in irrigation-water delivery cases where the Chief Water Officer is a party.
Full Text of § 25-2159
Source
R.S.1867, Code § 648, p. 508; R.S.1913, § 8274; C.S.1922, § 9227; C.S.1929, § 20-2159; Laws 1941, c. 29, § 9, p. 137; C.S.Supp.,1941, § 20-2159; R.S.1943, § 25-2159; Laws 1957, c. 365, § 5, p. 1234; Laws 2000, LB 900, § 68; Laws 2025, LB317, § 48.
Plain-English Summary
Section 25-2159 sets the standard for skipping straight to the more forceful writ. When the right to require performance of the act is clear, and it is apparent that no valid excuse can be given for not performing it, a peremptory mandamus may be allowed in the first instance. In every other case, the alternative writ must be issued first, giving the defendant the chance to show cause described in 25-2158.
The section carves out one firm exception. A peremptory mandamus in the first instance may not be given in any case involving the delivery of irrigation water if the Chief Water Officer, as defined in section 25-1062.01, is a party. In that setting, the more cautious alternative-writ route applies regardless of how clear the right might otherwise look.
Frequently Asked Questions
When can a Nebraska court skip straight to a peremptory writ of mandamus?
When the right to require the act is clear and no valid excuse for failing to perform it appears possible.
What is the default rule if the right to the act is not clearly established?
The alternative writ must issue first, giving the defendant a chance to show cause.
Is there an exception to allowing a first-instance peremptory writ?
Yes. It is not available in a case involving delivery of irrigation water if the Chief Water Officer is a party.
Who is the Chief Water Officer referenced in this section?
The officer defined in section 25-1062.01.
Why carve out irrigation water cases from the first-instance peremptory writ option?
The statute requires the more cautious alternative-writ route in those cases rather than letting a court order compliance immediately, given the interests at stake in water delivery.
Does this exception apply to every irrigation water dispute?
No. It applies specifically where the Chief Water Officer is a party to the case.
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: peremptory writ first instance nebraskaclear right no valid excuse mandamusirrigation water mandamus exception nebraskachief water officer mandamus rulewhen an alternative writ is required