Neb. Rev. Stat. » Chapter 25
Nebraska Revised Statutes

Neb. Rev. Stat. § 25-2158 (2026)

Alternative and peremptory writs

✓ current as of July 2026
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The writ is either alternative or peremptory. The alternative writ must state concisely the facts showing the obligation of the defendant to perform the act, and his omission to perform it, and command him, that immediately upon the receipt of the writ, or at some other specified time, he do the act required to be performed, or show cause before the court whence the writ issued, at a specified time and place, why he has not done so; and that he then and there return the writ, with his certificate of having done as he is commanded. The peremptory writ must be in a similar form, except that the words requiring the defendant to show cause why he has not done as commanded must be omitted.

Notes of Decisions
Cited in 7 cases, 1957–2020 · leading case: State Ex Rel. Shepherd v. Nebraska Equal Opportunity Comm'n, 557 N.W.2d 684 (Neb. 1997).
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State Ex Rel. Shepherd v. Nebraska Equal Opportunity Comm'n, 557 N.W.2d 684 (Neb. 1997). · cites it 6× “The basic difference between these two types of writs is that alternative writs require the defendant be given an opportunity to "show cause why he [or she] has not done as commanded," whereas peremptory writs are generally issued in an ex parte fashion and do not require notice…”
State Ex Rel. Johnson v. Gale, 734 N.W.2d 290 (Neb. 2007). · cites it 2× “We further agree that subsection (3) has no application to determining the length of term under subsection (1).”
State ex. rel. Malone v. Baldonado-Bellamy, 307 Neb. 549 (Neb. 2020). “See §§ 25-2158 and 25-2159 . . . . The alternative writ and the answer thereto constitute the pleadings in any case wherein an alternative writ has been issued and no other pleadings - 558 - Nebraska Supreme Court Advance Sheets 307 Nebraska Reports STATE EX REL.”
State Ex Rel. Krieger v. Bd. of Supervisors, 105 N.W.2d 721 (Neb. 1960). “See §§ 25-2158 and 25-2159, R. R. S. 1943. The alternative writ and the answer thereto constitute the pleadings in any case wherein an alternative writ has been issued and no other pleadings are permitted.”
Stewart v. Delgado, 436 N.W.2d 512 (Neb. 1989). · cites it 2× “to change the plaintiff’s records to indicate his sentences are concurrent____” The court, pursuant to Neb. Rev. Stat. § 25-2158 (Reissue 1985), treated this pro se filing as an application for an alternative writ of mandamus, as distinguished from a peremptory writ, and, on…”
Boppre v. Overman (Neb. Ct. App. 2016). · cites it 2× “See Neb. Rev. Stat. § 25-2158 (Reissue 2008) (writ is either alternative or peremptory; alternative writ commands defendant to do the act required or show cause why he has not done so; peremptory writ simply commands defendant to do the act required).”
State ex rel. Beck v. Chicago, St. Paul, Minneapolis & Omaha Ry. Co., 81 N.W.2d 584 (Neb. 1957). · cites it 3× “§ 25-2158, R. R. S. 1943. The one-of primary concern in this case is the peremptory writ.”
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