BlackletterCalifornia law

Code of Civil Procedure § 1104

CHAPTER 3. Writ of Prohibition

Current as of September 28, 2026Code Civ. Proc., § 1104Official source ↗

Amended by Stats. 1963, Ch. 461.

The writ must be either alternative or peremptory. The alternative writ must command the party to whom it is directed to desist or refrain from further proceedings in the action or matter specified therein, until the further order of the court from which it is issued, and to show cause before such court at a time and place then or thereafter specified by court order why such party should not be absolutely restrained from any further proceedings in such action or matter. The peremptory writ must be in a similar form, except that the words requiring the party to show cause why he should not be absolutely restrained must be omitted.