Minnesota Statutes

Minn. Stat. § 586.03 (2026)

Alternative Or Peremptory Writ, Contents

✓ current as of May 2026

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The writ of mandamus is either alternative or peremptory. The alternative writ shall state concisely the facts showing the obligation of the defendant to perform the act, and the defendant's omission so to do, and command the defendant that immediately after the receipt of a copy of the writ, or at some other specified time, the defendant do the required act, or show cause before the court out of which the writ issued, at a specified time and place, why the defendant has not done so, and that the defendant then and there make a return to the writ, with a certificate thereon of having done as commanded. The peremptory writ shall be in similar form, except that the words requiring defendant to show cause shall be omitted.

Notes of Decisions

Cited in 11 cases (4 in the last 5 years), 1995–2025 · leading case: Mendota Golf, LLP v. City of Mendota Heights, 708 N.W.2d 162 (Minn. 2006).

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Mendota Golf, LLP v. City of Mendota Heights, 708 N.W.2d 162 (Minn. 2006). · cites it 4× “See Minn.Stat. § 586.03. Peremptory writs may be allowed in the first instance only when the right to require performance of the act is clear and no valid excuse for nonperformance can be given.”

N. States Power Co. v. Minnesota Metro. Council, 684 N.W.2d 485 (Minn. 2004). “Minnesota Statutes § 586.03 (2002) requires that an alternative writ of mandamus shall “state concisely the facts showing the obligation of the defendant to perform the act, and the defendant’s omission to do so.”

Coyle v. City of Delano, 526 N.W.2d 205 (Minn. Ct. App. 1995). · cites it 2× “Minn.Stat. § 586.03. Peremptory writs may be allowed in the first instance only when the right to require performance of the act is clear and no valid excuse for nonperformance can be given.”

Kaibel v. Mun. Bldg. Comm'n, 829 F. Supp. 2d 779 (D. Minnesota 2011). · cites it 2× “Minn.Stat. § 586.03. Upon issuance of an alternative writ, the defendant may “answer in the same- manner as an answer to a complaint in a civil action.”

In Re the Welfare of the Child of S.L.J., 772 N.W.2d 833 (Minn. Ct. App. 2009). · cites it 2× “See Minn.Stat. § 586.03 (2008). Three days after the hearing, the county voluntarily dismissed the TPR peti *837 tion because S.”

RK Midway, LLC v. Metro. Council (Minn. Ct. App. 2017). · cites it 6× “Minn. Stat. § 586.03 . The parties filed cross-motions for summary judgment.”

Tokvan Ly v. Jodi Harpstead, Minnesota Comm'r of Human Servs., 7 N.W.3d 560 (2024). · cites it 2× “Minn. Stat. § 586.03 . A peremptory writ of mandamus recites the facts establishing a defendant’s obligation and failure to perform an act, as well as a command that the act be done.”

Rud v. Johnston (D. Minnesota 2024). · cites it 2× “Minn. Stat. § 586.03 . An alternative writ provides the defendant an opportunity to show cause for why they have not complied with an official duty imposed by law before the writ issues.”

Inquiry into the Conduct of the Honorable John P. Dehen (Minn. 2025). · cites it 2× “See Minn. Stat. § 586.03 (an alternative writ shall “command the defendant that .”

N. States Power Co. v. MINNESOTA Metro. COUNCIL, 684 N.W.2d 499 (Minn. 2004). “Minnesota Statutes § 586.03 (2002) requires that an alternative writ of mandamus shall "state concisely the facts showing the obligation of the defendant to perform the act, and the defendant's omission to do so.”

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