No other pleading or written allegation is allowed than the writ and answer. These are the pleadings in the case, and have the same effect and are to be construed and may be amended in the same manner as pleadings in a civil action; and the issues thereby joined must be tried, and the further proceedings thereon had in the same manner as in a civil action.
§ 25-2164.Pleadings; trial.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section limits mandamus pleadings to the writ and the answer, states that those pleadings carry the same effect, construction, and amendment rules as pleadings in a civil action, and directs that the resulting issues be tried and the case proceed as in an ordinary civil action.
Full Text of § 25-2164
Source
R.S.1867, Code § 653, p. 508; R.S.1913, § 8279; C.S.1922, § 9232; C.S.1929, § 20-2164; R.S.1943, § 25-2164.
Plain-English Summary
Section 25-2164 keeps a mandamus case from sprawling into extra rounds of pleading. The writ and the answer are the only pleadings the case gets — no reply, no additional written allegation beyond those two documents. That keeps the proceeding narrow and focused on what the writ demands and what the answer says in response.
Even though mandamus is its own type of action, this section folds it back into ordinary civil practice for everything after the pleadings close. The writ and answer are construed and may be amended the same way pleadings in a civil action are, the issues they raise are tried the same way, and every further step in the case follows ordinary civil action procedure.
Frequently Asked Questions
What documents count as pleadings in a Nebraska mandamus case?
Only the writ and the answer. No other pleading or written allegation is allowed.
Can the plaintiff file a reply to the defendant’s mandamus answer?
No. Section 25-2164 permits no pleading or written allegation beyond the writ and the answer.
Can the writ or the answer in a mandamus case be amended?
Yes, in the same manner pleadings in a civil action may be amended.
How are the issues raised by the writ and answer resolved?
They are tried, and the further proceedings had, in the same manner as in a civil action.
Does the rest of a mandamus case follow special procedure or ordinary civil procedure?
Ordinary civil action procedure governs the trial and further proceedings once the writ and answer join the issues.
Why would the writ and answer be treated as having the same effect as civil pleadings?
It lets courts and parties rely on familiar civil pleading rules for construction and amendment instead of a separate mandamus-only framework.
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 pleadings nebraskawrit and answer only pleadingsamending mandamus pleadingsmandamus trial procedure nebraskacivil action rules mandamus case