Alternative Writ

Alternative Writ

An order, issued originally by the king in England but more recently by a court, commanding a person to do a specific thing or to appear and explain why he or she should not be compelled to do it.

Under the Common Law, the writs of prohibition and Mandamus were alternative writs. In modern systems of court procedure, an order to show cause serves the same purpose. It commands a person to do something or come into court and show cause why he or she should not be made to do it.

References in periodicals archive ?
COURT'S OPINION: The court issued an alternative writ of mandate ordering the Superior Court to "vacate" the order of December 4, 2002, denying the defendants' motion for summary judgment, and entered a new and different order granting the motion; or in the alternative, that cause be shown why a peremptory writ should not issue.
In addition to requesting the advisory be withdrawn, CGA requested the Court immediately issue an alternative writ of mandate that stays the effectiveness of the advisory pending a final ruling by the Court.
Todd Alberts, who has proposed a 250-unit development on the west slope of Mount David here, filed a petition for alternative writ of mandamus Monday afternoon, just hours before a scheduled public hearing on the matter.
Baxter, Circuit Court Judge for Baker County, Oregon has granted Oregon Trail's motion to dismiss the Alternative Writ of Mandamus he had previously issued in a case filed by Stilwell Associates, L.

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