Legal Definitions - alternative writ

An alternative writ is a preliminary court order that directs an individual or entity to either perform a specified action or appear before the court to provide a legal justification for why they should not be compelled to perform that action. It essentially presents a choice: comply with the court's directive or explain your reasons for non-compliance. If the explanation is deemed insufficient by the court, a more forceful, absolute order (known as a peremptory writ) may follow.

Here are some examples to illustrate this concept:

• Example 1: Compelling a Government Official

  A local journalist requests public records from a city clerk under freedom of information laws, but the clerk repeatedly delays or refuses to provide them without a clear legal basis. The journalist files a lawsuit to compel the clerk to release the documents. The court might then issue an alternative writ commanding the city clerk to either immediately release the requested public records OR appear in court on a specific date to present a legal argument explaining why the records should be withheld.

  This illustrates an alternative writ because the clerk is given two options: perform the requested action (release records) or provide a legal justification to the court for not doing so.

• Example 2: Directing a Utility Company

  A homeowner experiences a prolonged power outage due to what they believe is negligence by their utility company, despite numerous attempts to get the company to restore service. Frustrated, the homeowner seeks a court order. The court could issue an alternative writ ordering the utility company to either restore power to the homeowner's residence within a set timeframe OR send a representative to court to explain why they cannot or should not be legally required to do so.

  Here, the alternative writ provides the utility company with the choice to either take the required action (restore power) or present a legal defense for their inaction to the court.

• Example 3: Addressing an Administrative Board's Delay

  A professional has applied for a state license, but the state licensing board has significantly delayed processing the application for an unreasonable period without providing a valid reason. This delay prevents the professional from practicing their trade. The professional files a petition with the court. The court might issue an alternative writ directing the licensing board to either process the professional's application within a specified number of days OR appear before the court to explain the legal basis for the prolonged delay.

  This example demonstrates the alternative writ compelling an administrative body to either perform its duty (process the application) or justify its failure to do so in court.