North Dakota § 32-34-04 When each may issue

North Dakota Statutes

§ 32-34-04 — When each may issue

North Dakota·Title 32 Judicial Remedies·Ch. 32-34 Writ of Mandamus

When the application to the court is made without notice to the adverse party and the writ is
allowed, the alternative writ must be issued first, but if the application is upon due notice and the
writ is allowed, the peremptory writ may be issued in the first instance. The notice of the
application, when given, must be at least ten days. The writ cannot be granted by default. The
case must be heard by the court whether the adverse party appears or not.

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When the application to the court is made without notice to the adverse party and the writ is
allowed, the alternative writ must be issued first, but if the application is upon due notice and the
writ is allowed, the peremptory writ may be issued in the first instance. The notice of the
application, when given, must be at least ten days. The writ cannot be granted by default. The
case must be heard by the court whether the adverse party appears or not.

North Dakota § 32-34-04 (When each may issue) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.