North Dakota § 32-35-03 Alternative or peremptory

North Dakota Statutes

§ 32-35-03 — Alternative or peremptory

North Dakota § 32-35-03

Title 32Judicial Remedies

Ch. 32-35Writ of Prohibition

This text of North Dakota § 32-35-03 (Alternative or peremptory) 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 § 32-35-03 (2026).

Text

The writ must be alternative or peremptory. The alternative writ must state generally the
allegation against the party to whom it is directed, and must command such party to desist or
refrain from further proceedings in the action or matter specified therein until the further order of
the court from which it is issued, and to show cause before such court at a specified time and
place why such party should not be restrained absolutely from any further proceedings in such
action or matter. The peremptory writ must be in a similar form, except that the words requiring
the party to show cause why the party should not be restrained absolutely must be omitted and
a return day inserted.

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The writ must be alternative or peremptory. The alternative writ must state generally the
allegation against the party to whom it is directed, and must command such party to desist or
refrain from further proceedings in the action or matter specified therein until the further order of
the court from which it is issued, and to show cause before such court at a specified time and
place why such party should not be restrained absolutely from any further proceedings in such
action or matter. The peremptory writ must be in a similar form, except that the words requiring
the party to show cause why the party should not be restrained absolutely must be omitted and
a return day inserted.