The allowance of the writ must be endorsed thereon, signed by a judge of the court granting it, and the writ must be served personally upon the defendant. If the defendant duly served neglects to return the same, he shall be proceeded against, as for a contempt.
§ 25-2161.Writ; endorsement of allowance; service; neglect to return; penalty.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section requires the judge granting a writ of mandamus to endorse the allowance on the writ itself, requires personal service on the defendant, and exposes a defendant who is served but fails to return the writ to contempt proceedings.
Full Text of § 25-2161
Source
R.S.1867, Code § 650, p. 508; R.S.1913, § 8276; C.S.1922, § 9229; C.S.1929, § 20-2161; R.S.1943, § 25-2161.
Plain-English Summary
Once a judge decides to grant a writ of mandamus, the paperwork has to show it. Section 25-2161 requires the judge who allows the writ to sign an endorsement on the writ itself, so anyone looking at the document can see which judge approved it. That endorsement is what turns a request for a writ into an order a defendant must answer.
The writ then has to reach the defendant in person, not by mail or by leaving it with someone else. Personal service puts the defendant on formal notice that a court has ordered a public duty performed, or has scheduled a hearing on whether it should be. A defendant who is served and neglects to return the writ faces contempt proceedings. That threat of contempt gives the writ its force: a public official cannot make a mandamus action disappear by declining to respond.
Frequently Asked Questions
Who has to sign off on a writ of mandamus before it is served?
A judge of the court granting the writ must endorse the allowance on the writ itself.
Can a mandamus writ be served by mail instead of in person?
No. Section 25-2161 requires the writ to be served personally upon the defendant.
What happens if a defendant is served with the writ and does nothing?
A defendant who neglects to return the writ after being duly served is proceeded against as for contempt.
Does the judge’s endorsement do anything besides confirm approval of the writ?
It documents on the writ which judge granted it, tying the order to a specific judicial decision the defendant can rely on or challenge.
Is returning the writ the same thing as filing a formal answer?
The section addresses the defendant’s duty to return the writ once served; section 25-2162 separately addresses showing cause by a formal answer on the writ’s return day.
Why does personal service matter so much in a mandamus case?
It puts the defendant on direct, provable notice of the court’s order, which is what allows contempt proceedings to follow if the defendant ignores it.
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: mandamus writ service requirements nebraskajudge endorsement writ of mandamuscontempt for ignoring mandamus writpersonal service mandamus defendantsection 25-2161 nebraskawrit of mandamus signed by judge