Minn. Stat. » CHAPTER 586. MANDAMUS
Minnesota Statutes

Minn. Stat. § 586.04 (2026)

Peremptory Writ

✓ current as of May 2026
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When the right to require the performance of the act is clear, and it is apparent that no valid excuse for nonperformance can be given, a peremptory writ may be allowed in the first instance. In all other cases the alternative writ shall first issue.

Notes of Decisions
Cited in 9 cases (3 in the last 5 years), 1986–2025 · 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× “Minn.Stat. § 586.04. "In all other cases the alternative writ shall first issue.”
Kaibel v. Mun. Bldg. Comm'n, 829 F. Supp. 2d 779 (D. Minnesota 2011). · cites it 4× “” Minn. Stat. § 586.04 . An alternative writ commands a defendant to perform a particular act or show cause before the court as to why such performance is not required.”
Coyle v. City of Delano, 526 N.W.2d 205 (Minn. Ct. App. 1995). · cites it 2× “Minn.Stat. § 586.04. The trial court found: (1) Minn.”
Miller Waste Mills, Inc. v. MacKay, 520 N.W.2d 490 (Minn. Ct. App. 1994). · cites it 2× “” Minn.Stat. § 586.04 (1992). A writ of mandamus may be issued to require a corporation’s officers and directors to call a meeting of the shareholders.”
Day v. Wright Cnty., 391 N.W.2d 32 (Minn. Ct. App. 1986). · cites it 2× “” Minn. Stat. § 586.04 (1984). Appellant argues chiefly that Section 404 is a grandfather clause enacted by Wright County to insure that lots of at least 20,000 square feet, recorded prior to the effective date (August 1977), would be deemed residential building sites and exempt…”
Rud v. Johnston (D. Minnesota 2024). · cites it 4× “” Minn. Stat. § 586.04 . A. Jurisdiction As a threshold matter, the Court will address the Defendants’ argument that it lacks jurisdiction to issue the requested writ of mandamus.”
Rud v. Johnston (D. Minnesota 2024). · cites it 4× “” Minn. Stat. § 586.04 . A. Jurisdiction As a threshold matter, the Court will address the Defendants’ argument that it lacks jurisdiction to issue the requested writ of mandamus.”
Inquiry into the Conduct of the Honorable John P. Dehen (Minn. 2025). · cites it 2× “261 , 266 (1867); see Minn. Stat. § 586.04 (2022) (criteria for peremptory writ).”
State of Minnesota v. Baron Montero Jones (Minn. Ct. App. 2016). “The district court sentenced appellant to the 84-month statutory maximum prison term on the first assault conviction.”
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