Tennessee Code Annotated

Tenn. Code Ann. § 29-25-102 (2026)

Alternative and peremptory writs

✓ current as of May 2026

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(a) The writ is either alternative or peremptory.

(b) The alternative writ commands the defendant to do the act required to be performed or show cause before the court forthwith, or at a specified time and place, why the defendant has not done so, and that the defendant then and there return the writ.

(c) The peremptory writ commands the defendant to do the act and return the writ accordingly.

Code 1858, § 3569; Shan., § 5333; Code 1932, § 9493; T.C.A. (orig. ed.), § 23-2002.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1996–2025 · leading case: Lucius v. City of Memphis, 925 S.W.2d 522 (Tenn. 1996).

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Lucius v. City of Memphis, 925 S.W.2d 522 (Tenn. 1996). · cites it 4× “” Tenn.Code Ann. § 29-25-102(2)(1980 Repl.).”

Shelby Cnty., Tennessee v. Stephanie Taylor (Tenn. Ct. App. 2025). · cites it 3× “Tenn. Code Ann. § 29-25-102 . “The general rule regarding the issuance of a writ of mandamus is that the writ is not issued to control or coerce discretionary power by a board or officer [] but will lie to enforce the performance of an official duty and to compel the exercise of…”

State ex rel. Tanya Aina-Labinjo v. Metro. Nashville Bd. of Pub. Educ. (Tenn. Ct. App. 2013). · cites it 2× “3 The court issued the peremptory writ under the authority of Tenn. Code Ann. §§ 29-25-102 (2) and 29-25-108(a).”

— Tenn. Code Ann. § 29-25-102(1) — 1 case

Shelby Cnty., Tennessee v. Stephanie Taylor (Tenn. Ct. App. 2025). “Tenn. Code Ann. § 29-25-102 . “The general rule regarding the issuance of a writ of mandamus is that the writ is not issued to control or coerce discretionary power by a board or officer [] but will lie to enforce the performance of an official duty and to compel the exercise of…”

— Tenn. Code Ann. § 29-25-102(2) — 1 case

Lucius v. City of Memphis, 925 S.W.2d 522 (Tenn. 1996). “” Tenn.Code Ann. § 29-25-102(2)(1980 Repl.).”

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