Of Writs of Review, Mandate, and Prohibition 1067.-1110bWrits of Review, Mandate, and Prohibition May Issue and Be Heard at Chambers

Section § 1107

Explanation

If you're applying for a special order from the court, called a prerogative writ, you need to give a copy to the person or group you're dealing with, called the respondent, and anyone else directly involved, called the real party in interest. There are rules about how to do this, and if it's a specific type of order called a writ of mandate, it can be done like a regular lawsuit. If the respondent is a board or commission, you give the papers to those in charge. After being served, these parties have five days to file arguments against your application. The court can also choose to make a decision quickly, without following all these steps, if there's a good reason. Some writ applications, like those for habeas corpus, follow different rules.

When an application is filed for the issuance of any prerogative writ, the application shall be accompanied by proof of service of a copy thereof upon the respondent and the real party in interest named in such application. The provisions of Chapter 5 (commencing with Section 1010) of Title 14 of Part 2 shall apply to the service of the application. However, when a writ of mandate is sought pursuant to the provisions of Section 1088.5, the action may be filed and served in the same manner as an ordinary action under Part 2 (commencing with Section 307). Where the real party in respondent’s interest is a board or commission, the service shall be made upon the presiding officer, or upon the secretary, or upon a majority of the members, of the board or commission. Within five days after service and filing of the application, the real party in interest or the respondent or both may serve upon the applicant and file with the court points and authorities in opposition to the granting of the writ.
The court in which the application is filed, in its discretion and for good cause, may grant the application ex parte, without notice or service of the application as herein provided.
The provisions of this section shall not be applicable to applications for the writ of habeas corpus, or to applications for writs of review of the Industrial Accident or Public Utilities Commissions.
prerogative writ real party in interest writ of mandate ...

Section § 1108

Explanation

This law says that if the Supreme Court, an appellate court, or a superior court issues a special court order called a writ of review, mandate, or prohibition, they can decide when it needs to be answered or reviewed. The court can choose to have a hearing about it at any time they think is right.

Writs of review, mandate, and prohibition issued by the Supreme Court, a court of appeal, or a superior court, may, in the discretion of the court issuing the writ, be made returnable, and a hearing thereon be had at any time.
writ of review writ of mandate writ of prohibition ...