North Dakota Statutes

§ 32-34-04 — When each may issue

North Dakota § 32-34-04
JurisdictionNorth Dakota
Title 32Judicial Remedies
Ch. 32-34Writ of Mandamus

This text of North Dakota § 32-34-04 (When each may issue) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
N.D. Cent. Code § 32-34-04 (2026).

Text

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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Bluebook (online)
North Dakota § 32-34-04, Counsel Stack Legal Research, https://law.counselstack.com/statute/nd/32-34-04.