I.
INTRODUCTION
A. Nature and Types of Extraordinary Writs.
1. In General.
(a) [§1] Ordinary and Extraordinary Writs.
(b) [§2] Common Law Writs Abolished.
(c) [§3] Constitutional Revision of 1966.
(d) [§3A] (New) Trial Court Unification.
2. [§4] Certiorari: Review of Judicial Action.
3. [§5] Prohibition: Restraint of Judicial Action.
4. [§6] Mandamus: Compulsion of Ministerial Duty.
5. Quo Warranto.
(a) [§7] Nature of Proceeding.
(b) [§8] Action by Attorney General.
(c) [§9] Action on Relation of Private Person.
(d) [§10] Action by Local Legislative Body.
B. Distinctions and Comparisons.
1. Certiorari and Other Remedies.
(a) [§11] Appeal.
(b) Special Types of Review.
(1) [§12]
(2) Agricultural Labor Relations Board.
(aa) [§13] In General.
(bb) [§14] Summary Denial of Petition by ALRB.
(3) [§15] Juvenile Court Order Setting Hearing To Terminate Parental Rights.
(4) [§16] Trial Court Order for Disclosure Under Public Records Act.
(5) [§17] Miscellaneous Proceedings.
(c) [§18] Equitable Relief and Recall of Remittitur.
(d) [§19] Prohibition.
(e) [§20] Mandamus.
(f) [§21] Habeas Corpus.
2. Prohibition and Other Remedies.
(a) [§22] Mandamus.
(b) [§23] Supersedeas.
(c) [§24] Habeas Corpus.
(d) [§25] Prohibitory Injunction.
3. Mandamus and Other Remedies.
(a) [§26] Mandatory Injunction.
(b) [§27] Quo Warranto.
(c) [§28] Declaratory Relief.
C. [§29] Discretionary Issuance of Prohibition or Mandamus.
D. [§30] Review of Administrative Decisions.
II.
CONDITIONS FOR ISSUANCE OF CERTIORARI
A. Completed Judicial Act.
1. Act Must Be Judicial.
(a) Judicial Acts Reviewable by Certiorari.
(1) [§31] In General.
(2) Nonappealable Judgments or Orders.
(aa) [§32] In General.
(bb) [§33] Contempt Adjudication.
(cc) [§34] Probate Orders.
(dd) [§35] Miscellaneous Orders.
(b) [§36] Legislative Acts Not Reviewable.
(c) [§37] Ministerial Acts Not Reviewable.
2. [§38] Act Must Be Completed.
B. [§39] Lack or Excess of Jurisdiction.
C. No Appeal or Other Adequate Remedy.
1. Remedy by Appeal.
(a) [§40] General Rule.
(b) [§41] Remedy Lost by Neglect.
(c) [§42] Remedy Lost Without Fault.
(d) [§43] Appeal to Superior Court.
2. [§44] Review on Later Appeal.
3. [§45] Other Adequate Remedy.
III.
CONDITIONS FOR ISSUANCE OF PROHIBITION
A. Threatened Judicial Act.
1. [§46] Act Must Be Judicial.
2. [§47] Act Must Be Threatened.
3. Act Must Not Be Completed.
(a) [§48] General Rule and Theory.
(b) [§49] Exception: Partially Completed or Continuing Act.
B. [§50] Lack or Excess of Jurisdiction.
C. No Other Adequate Remedy.
1. In General.
(a) [§51] Nature of Condition.
(b) [§52] Question of Fact.
(c) [§53] Effect of Respondent's Acquiescence.
(d) [§54] Effect of Alternative Writ.
(e) [§55] Effect of Order To Show Cause.
2. Remedy by Appeal.
(a) [§56] Existence of Remedy by Appeal.
(b) Appeal as Adequate Remedy.
(1) [§57] Direct Appeal With Stay.
(2) [§58] Direct Appeal Is "Speedy" Remedy.
(c) When Appeal Is Deemed Inadequate.
(1) Direct Appeal But Undue Hardship.
(aa) [§59] Analysis of Rule.
(bb) [§60] No Practical Stay.
(cc) [§61] Other Kinds of Hardship.
(2) No Direct Appeal.
(aa) [§62] In General.
(bb) [§63] No Jurisdiction of Subject Matter.
(cc) [§64] Excess of Jurisdiction.
(3) Public Interest in Prompt Decision.
(aa) [§65] Constitutional or Statutory Interpretation.
(bb) [§66] Threatened Public Injury.
(cc) Issue of General Importance.
(i) [§67] Review Granted.
(ii) [§68] Review Denied.
3. Remedy by Other Writ.
(a) [§69] In General.
(b) [§70] Order Enforceable by Contempt Proceedings.
(c) [§71] Trial Without Jurisdiction of Person.
IV.
CONDITIONS FOR ISSUANCE OF MANDAMUS
A. Petitioner's Right and Respondent's Duty.
1. In General.
(a) [§72] Rule and Theory.
(b) Petitioner's Right or Interest.
(1) [§73] No Substantial Right Involved.
(2) No Beneficial Interest in Petitioner.
(aa) [§74] In General.
(bb) [§75] Minority Member of Administrative Agency.
(cc) [§76] Municipal Court.
(3) [§77] Beneficial Interest of Labor Union.
(c) Respondent's Duty.
(1) [§78] No Present Duty.
(2) No Ministerial Duty.
(aa) [§79] In General.
(bb) [§80] Act Contrary to Law.
(3) [§81] No Present Ability To Perform.
(4) [§82] Respondent Willing To Comply.
(d) [§83] Exception: Public Interest.
2. Acts of Administrative Agencies.
(a) Ministerial Acts.
(1) [§84] State Officials.
(2) [§85] Taxing Officials.
(3) [§86] Election Officials.
(4) [§87] Other Local Officials.
(5) [§88] Restoration of Office or Employment.
(6) Allowance or Payment of Claim.
(aa) [§89] In General.
(bb) [§90] Illustrations.
(b) Discretionary Acts.
(1) Mandamus Cannot Control Discretion.
(aa) [§91] Particular Manner or Result.
(bb) [§92] Exercising Legislative Powers.
(2) [§93] Compelling Exercise of Discretion.
(3) [§94] Controlling Abuse of Discretion.
3. Acts of Officers of Corporations and Associations.
(a) [§95] Corporations.
(b) [§96] Labor Unions.
(c) [§97] Other Associations.
4. Acts of Courts and Court Officers.
(a) General Principles.
(1) [§98] No Control of Discretion.
(2) [§99] Review of Abuse of Discretion.
(3) [§100] Compelling Exercise of Jurisdiction or Discretion.
(4) [§101] Compelling Ministerial Acts.
(b) Particular Acts.
(1) [§102] Subject Matter Jurisdiction.
(2) [§103] Personal Jurisdiction.
(3) [§104] Venue and Inconvenient Forum.
(4) Pleadings.
(aa) [§105] Theory of Relief.
(bb) [§106] Compelling Leave To File or Amend Pleading.
(cc) [§107] Compelling Striking of Pleading or Sustaining of Demurrer.
(5) [§108] Discovery and Production of Evidence.
(6) Trial or Hearing.
(aa) [§109] In General.
(bb) [§110] Exercise of Discretion in Decision.
(7) Judgment.
(aa) [§111] Entry of Judgment.
(bb) [§112] Summary Judgment.
(cc) [§113] Enforcing or Vacating Judgment.
(8) [§114] Appeal.
B. No Other Adequate Remedy.
1. In General.
(a) [§115] Nature of Condition.
(b) [§116] Question of Fact.
(c) [§117] Effect of Respondent's Acquiescence.
(d) [§118] Effect of Alternative Writ.
(e) [§119] Effect of Order To Show Cause.
(f) [§120] Supreme Court's Direction To Issue Writ.
2. Remedy by Action.
(a) [§121] Normally Adequate.
(b) [§122] Remedy Found Inadequate.
(c) [§123] Mandamus Prohibited by Statute.
3. [§124] Remedy by Motion.
4. [§125] Remedy by Another Writ.
5. Remedy by Appeal.
(a) Direct Appeal as Adequate Remedy.
(1) [§126] In General.
(2) [§127] Appeal to Superior Court.
(3) [§128] Orders Relating to Enforcement of Judgment.
(4) [§129] Other Orders After Final Judgment.
(b) When Appeal Is Deemed Inadequate.
(1) [§130] No Direct Appeal.
(2) [§131] Refusal To Assume Jurisdiction.
(3) Public Interest in Prompt Decision.
(aa) [§132] In General.
(bb) [§133] Illustrations.
V.
REASONS FOR DENYING WRIT
A. Limiting Rules of Reviewing Court Policy.
1. Prior Application Pending in Another Court.
(a) [§134] General Rule.
(b) [§135] When Reviewing Court Will Act.
2. Main Case Within Different Appellate Jurisdiction.
(a) [§136] General Rule.
(b) [§137] Scope of Rule.
3. Failure To Raise Objection Below.
(a) [§138] Purpose of Requirement.
(b) [§139] Illustrations: Prohibition.
(c) [§140] Illustrations: Mandamus.
(d) [§141] When Reviewing Court Will Act.
4. Failure To Seek Writ in
(a) [§142] In General.
(b) [§143] When Supreme Court Will Act.
B. [§144] Failure To Establish Conditions.
C. Moot Case.
1. [§145] General Rule.
2. [§146] Exception for Completed Project.
3. [§147] Exception for Public Interest.
D. Laches.
1. [§148] In General.
2. Mandamus.
(a) [§149] Former Rule: Prejudice Presumed.
(b) [§150] Current Rule: Prejudice Must Be Shown.
(c) [§151] Illustrations: Prejudice Shown.
(d) [§152] Defense Against State.
E. [§153] Unclean Hands.
F. Discretion To Deny.
1. [§154] Nature of Problem.
2. [§155] Theory of Judicial Discretion.
3. Prerogative Writ Theory.
(a) [§156]
(b) [§157] Decisions Following
(c) [§158] Use of Writs To Review Procedural Rulings.
VI.
PROCEDURE
A. In General.
1. [§159] Procedural Steps and Practice Works.
2. [§160] Governing Statutes and Rules.
3. [§161] Jurisdiction and Venue.
B. Parties.
1. [§162] Petitioner.
2. Respondent and Real Party in Interest.
(a) [§163] In General.
(b) [§164] Court or Board.
(c) [§165] Certiorari: Custodian of Record.
C. Petition.
1. Form and Content.
(a) [§166] In General.
(b) [§167] Allegations.
(c) [§168] Prayer.
(d) [§169] Verification.
(e) [§170] Grounds for Relief.
(f) [§171] Inadequacy of Other Remedy.
2. Supporting Papers.
(a) [§172] Certiorari.
(b) [§173] Prohibition.
(c) Mandamus.
(1) [§174] Necessity of Record.
(2) [§175] Continuance To Permit Preparation.
(d) [§176] Petition To Review Trial Court Ruling.
(d-1) [§176A] (New) Content and Form of Supporting Papers.
(e) [§177] Points and Authorities.
3. [§178] Proposed Order and Writ.
4. [§179] Time for Filing.
D. Service, Opposition, and Summary Determination.
1. [§180] Service.
2. [§181] Opposing Points and Authorities.
3. [§182] Summary Determination.
4. [§183] Denial Not Res Judicata.
5. [§184] Second Petition Normally Precluded.
E. Writ or Order To Show Cause.
1. [§185] Writ of Certiorari.
2. Prohibition and Mandamus.
(a) [§186] In General.
(b) [§187] Form: Prohibition.
(c) [§188] Form: Mandamus.
3. [§189] Service of Writ.
4. [§190] Stay of Pending Proceedings.
F. Return.
1. Certiorari.
(a) [§191] In General.
(b) [§192] Return as Answer or Demurrer.
(c) [§193] Return as Record.
2. Prohibition and Mandamus.
(a) [§194] In General.
(b) [§195] Demurrer or Motion To Quash.
3. [§196] Return in Reviewing Court.
G. [§197] Replication.
H. Hearing and Determination.
1. Certiorari.
(a) [§198] Scope of Review.
(b) [§199] Decision.
2. Prohibition and Mandamus.
(a) Trial or Other Hearing.
(1) Where Demurrer Alone Is Filed.
(aa) [§200] Hearing on Issues of Law.
(bb) [§201] Answer After Demurrer Overruled.
(2) [§202] Where Answer Is Filed.
(3) [§203] Proceedings in Reviewing Court.
(b) Decision Granting Relief.
(1) Peremptory Writ.
(aa) [§204] Superior Court.
(bb) [§205] Reviewing Court.
(cc) [§206] Departure From Alternative Writ.
(2) [§207] Enforcement of Judgment.
(c) Decision Denying Relief.
(1) [§208] Procedure.
(2) Finality and Res Judicata.
(aa) [§209] In General.
(bb) [§210] Summary Denial Not Law of the Case.
I. Costs, Damages, and Interest.
1. Costs and Damages: In General.
(a) [§211] Mandamus and Prohibition.
(b) [§212] Certiorari.
2. [§213] Costs in Reviewing Court.
3. [§214] Interest in Mandamus Proceeding.
4. [§215] Sanctions for Frivolous Application.
J. Review of Superior Court Decision.
1. [§216] Motion for New Trial.
2. Appeal.
(a) [§217] Orders Appealable.
(b) [§218] No Appeal of Writ to Municipal Court.
(c) [§219] Stay Pending Appeal.
K. Review of Court of Appeal Decision.
1. [§220] Decision on Merits.
2. [§221] Summary Denial.
L. [§222] Review in
VII.
PEREMPTORY WRIT WITHOUT ALTERNATIVE WRIT
A. [§223] In Trial Court.
B. In Reviewing Court.
1. [§224] In General.
2. Circumstances Justifying Issuance.
(a) [§225] Early Rule: Unusual Circumstances.
(b) [§226] Later Rule: Where Hearing Unnecessary.
(c) [§227] Current Rule: Where Relief Obvious or Unusual Circumstances Present.
3. Procedure.
(a) [§228] In General.
(b) [§229] Notice.
(b-1) [§229A] (New) No Right to Oral Argument.
(c) [§230] Judgment and Writ.
VIII.
OPTIONAL AND DUAL USE OF WRITS
A. Mistaken Choice.
1. [§231] General Principle.
2. [§232] Illustrations.
B. Overlapping: Different Writs for Same Purpose.
1. [§233] Preventing Trial or Hearing.
2. [§234] Compelling Trial or Hearing.
3. [§235] Challenging Jurisdiction of Person.
C. Two Writs Necessary for Complete Relief.
1. [§236] Transfer to
2. [§237] Other Situations.
D. Writ Used With Effect of Different Writ.
1. [§238] In General.
2. Certiorari With Effect of Prohibition or Mandamus.
(a) [§239] "Prohibitory Certiorari."
(b) [§240] "Mandamatory Certiorari."
3. Prohibition With Effect of Mandamus or Certiorari.
(a) [§241] "Mandamatory Prohibition."
(b) "Certiorarified Prohibition."
(1) [§242] Theory: Prohibiting Enforcement of Order.
(2) [§243] Invalid Injunction.
(3) [§244] Invalid Contempt Adjudication.
(4) [§245] Improper Discovery Proceedings.
(5) [§246] Invalid Vacating Order.
(6) [§247] Other Examples.
4. Mandamus With Effect of Prohibition.
(a) [§248] Mandamus as Alternative Remedy.
(b) [§249] "Prohibitory Mandamus."
5. Mandamus With Effect of Certiorari.
(a) [§250] Administrative Mandamus Distinguished.
(b) [§251] Development of "Certiorarified Mandamus."
(c) [§252] Annulling Order Preventing Execution.
(d) [§253] Annulling Order Preventing Discovery.
(e) [§254] Annulling Improper Discovery Order.
(f) [§255] Annulling Other Orders.
(g) [§256] Statutory Review by Mandamus.
IX.
ADMINISTRATIVE MANDAMUS: IN GENERAL
A. Mandamus, Not Certiorari or Prohibition.
1. [§257] Development of Rule.
2. [§258] Local Agencies.
3. Exceptions: All Writs Available.
(a) [§259] State Constitutional Agencies.
(b) Alcoholic Beverage Control Board.
(1) [§260] In General.
(2) [§261] Procedure.
B. Administrative Mandamus Statute.
1. [§262] Nature and Purpose.
2. Included Agencies and Proceedings.
(a) [§263] Proceedings.
(b) [§264] Decision Applying Invalid Regulation.
(c) [§265] Public Administrative Agencies.
(d) [§266] Private Corporations and Associations.
3. Excluded Agencies and Proceedings.
(a) [§267] Agencies Subject to Special Review.
(b) Quasi‑Legislative Acts.
(1) [§268] General Rule.
(2) [§269] What Is Quasi‑Legislative Act.
C. Judicial Review of Administrative Agency Action.
1. [§270] Law Revision Commission Study.
2. [§271] Purpose of Study.
3. [§272] Proposed Legislation.
X.
ADMINISTRATIVE MANDAMUS: NATURE AND SCOPE OF REVIEW
A. In General.
1. [§273] Three Basic Questions.
2. Two Rules of Sufficiency of Evidence.
(a) [§274] The Independent Judgment Rule.
(b) [§275] The Substantial Evidence Rule.
B. Independent Judgment Rule (Evidence Weighed).
1. [§276] State Agency Without Quasi‑Judicial Powers.
2. Local Agency Without Quasi‑Judicial Powers.
(a) [§277] Former Substantial Evidence Rule.
(b) [§278] Independent Judgment Rule Adopted.
3. What Constitutes Vested Right.
(a) [§279] In General.
(b) [§280] Unemployment Compensation Rights.
(c) [§281] Applicant's Right to Welfare Benefits.
(d) Doctor's Right to Continuation of Hospital Privileges.
(1)
(aa) [§282] Former Independent Judgment Rule.
(bb) [§283] Legislative Repudiation of Rule.
(2) [§284]
(e) [§285] Other Illustrations.
4. [§286] Proof by Preponderance of Evidence.
5. [§287] Review of Penalty.
C. Substantial Evidence Rule (Evidence Not Weighed).
1. [§288] State Agency With Quasi‑Judicial Powers.
2. [§289] Assessment Appeal From Local Board.
3. [§290] Discharge of Probationary Teacher.
4. No Vested Right.
(a) [§291] In General.
(b) [§292] Denial of License or Permit.
(c) [§293] Denial of Initial Application for Hospital Privileges.
(d) [§294] Economic Interests or Privileges.
XI.
ADMINISTRATIVE MANDAMUS: PROCEDURE
A. [§295] In General.
B. [§296] Venue.
C. [§297] Parties.
D. [§298] Petition.
E. Time To File Petition.
1. Agencies Not Under Administrative Procedure Act.
(a) [§299] General Statutes Apply.
(b) [§300] Shortened Limitation Period.
(c) [§301] Period Tolled by Failure To Notify.
2. Agencies Under Administrative Procedure Act.
(a) [§302] Period and Extensions.
(b) [§303] What Does Not Extend Period.
F. Record.
1. [§304] Content.
2. [§305] Obtaining and Filing.
3. Free Transcripts for Indigents.
(a) [§306] Former Law: No Free Transcripts.
(b) [§307] Abrogation of Former Law.
4. Recoverable Costs.
(a) [§308] In General.
(b) [§309] Record Prepared for Administrative Proceeding.
G. Stay of Decision.
1. [§310] In General.
2. [§311] Court's Power To Require Bond.
H. Pleadings by Respondent.
1. [§312] Answer.
2. [§313] Demurrer.
3. [§314] Return Complying With Alternative Writ.
J. [§316] Summary Determination.
K. Trial.
1. On Administrative Record.
(a) [§317] In General.
(b) [§318] Isolation Approach Discredited.
2. New Evidence.
(a) Where Independent Judgment Rule Applies.
(1) [§319] In General.
(2) [§320] Limited Discovery.
(3) [§321] Affidavits or Declarations.
(b) Where Substantial Evidence Rule Applies.
(1) [§322] In General.
(2) [§323] Reasonable Possibility of Change in Decision.
(3) [§324] Evidence Relating to Procedural Unfairness.
L. Judgment.
1. Judgment Granting Relief.
(a) [§325] In General.
(b) [§326] Declaratory Relief.
(c) [§327] Enforcement of Judgment.
(d) [§328] Challenging Agency's Statement of Compliance.
2. [§329] Judgment Denying Relief.
M. Appeal.
1. [§330] By Petitioner.
2. [§331] By Agency.