§ 25-2169.Action by private person; costs.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
Full Text of § 25-2169
Source
R.S.1867, Code § 3, p. 279; R.S.1913, § 8284; C.S.1922, § 9237; C.S.1929, § 20-2169; R.S.1943, § 25-2169.
Plain-English Summary
Section 25-2168 frees private persons to pursue mandamus without prosecutorial involvement. Section 25-2169 balances that freedom with ordinary financial responsibility. A private person suing out a writ of mandamus under sections 25-2156 to 25-2168 is liable for costs the same way any party is liable for costs in a civil case.
Bringing a mandamus action independently is not a cost-free option. A private relator who loses, or who otherwise would owe costs under ordinary civil practice, faces the same exposure here. The section keeps mandamus consistent with civil litigation generally, instead of granting a cost-free path just because the action proceeds without the prosecuting attorney’s involvement.
Frequently Asked Questions
Is a private person exempt from paying costs by filing mandamus instead of an ordinary civil suit?
No. Section 25-2169 makes the private person liable for costs as in civil cases.
Which sections govern the private-person mandamus actions this cost rule applies to?
Does this section change who can bring a mandamus action?
No. It addresses costs only; section 25-2168 addresses the private person’s right to sue without the prosecuting attorney.
What costs might a private relator be responsible for?
Whatever costs a party would face in an ordinary civil case, applied here to the mandamus proceeding.
Does losing a mandamus case expose a private person to the same cost risk as any other civil case?
Yes, under the terms of this section.
Why pair a costs rule with the independence granted in section 25-2168?
To keep ordinary financial accountability attached to that independence, rather than letting private mandamus actions escape the usual cost rules.