On the return day of the alternative writ, or such further day as the court may allow, the party on whom the writ shall have been served may show cause, by answer made, in the same manner as an answer to a complaint in a civil action.
§ 25-2162.Alternative writ; answer.
Article 21: Special Proceedings and Actions · Last amended 2002 · Last verified July 22, 2026
In one sentenceThis section sets the return day of an alternative writ of mandamus, or a later day the court allows, as the deadline for the served party to show cause by filing an answer, prepared and treated the same way as an answer to a complaint in an ordinary civil action.
Full Text of § 25-2162
Source
R.S.1867, Code § 651, p. 508; R.S.1913, § 8277; C.S.1922, § 9230; C.S.1929, § 20-2162; R.S.1943, § 25-2162; Laws 2002, LB 876, § 40.
Plain-English Summary
An alternative writ of mandamus gives the defendant a choice: comply with what the writ commands, or explain to the court why compliance is not warranted. Section 25-2162 fixes when that explanation is due. The defendant must show cause by the writ’s return day, or by whatever later day the court allows, and does so through a formal answer rather than an informal letter or oral objection.
The section ties that answer to familiar ground: it is prepared and treated the same way as an answer to a complaint in a civil action. A defendant does not need a specialized mandamus pleading form; the ordinary rules for drafting and filing a civil answer apply. That consistency lets the later stages of the mandamus proceeding, including amendment and trial, borrow directly from ordinary civil procedure.
Frequently Asked Questions
What is the “return day” of an alternative writ of mandamus?
It is the day set for the writ’s return, by which the served party must show cause if it intends to contest the writ, unless the court allows a further day.
Can the court extend the day for showing cause beyond the return day?
Yes. Section 25-2162 allows the court to permit such further day as it may allow.
How does a defendant show cause under this section?
By filing an answer, made in the same manner as an answer to a complaint in a civil action.
Does the mandamus answer follow special rules or ordinary civil rules?
Ordinary civil rules. The section requires the answer to be made in the same manner as an answer to a civil complaint.
What happens if the defendant does not answer by the return day?
Section 25-2163 provides that a peremptory writ must be allowed against a defendant who files no answer.
What is the difference between an alternative writ and a peremptory writ?
An alternative writ gives the defendant the chance to answer and show cause; a peremptory writ is the final order compelling performance once that chance has passed or failed.
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 nebraskashowing cause mandamus answerreturn day writ mandamusanswer to writ of mandamusnebraska mandamus answer deadline