§ 28-31-09 — Proceedings in exercise of original jurisdiction

In an original cause in the supreme court, whether in response to an order to show cause or
an alternative writ of any kind, the respondent shall appear by written motion, answer, or return.
This may be submitted to the supreme court without waiver at one or different times, as may
best suit the convenience of the court and the parties, for purposes of expedition. Upon a
hearing, the parties may present, in support of the issues, affidavits and counter affidavits. If, for
the determination of controverted facts, a further hearing and additional evidence become
necessary, the court, upon application made therefor, shall determine the method of taking, and
the time for the return of, additional testimony, whether the same be by additional evidence, by
deposition, or by oral testimony taken before the court, or by reference either to a trial court or
some designated commissioner or referee.