South Dakota Statutes

§ 21-29-5 — Alternative writ issued without notice--Minimum notice required for peremptory writ.

South Dakota § 21-29-5
JurisdictionSouth Dakota
Title 21JUDICIAL REMEDIES
Ch. 21-29WRIT OF MANDAMUS

This text of South Dakota § 21-29-5 (Alternative writ issued without notice--Minimum notice required for peremptory writ.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 21-29-5 (2026).

Text

When the application for writ of mandamus to the court is made without notice to the adverse party, and the writ be allowed, the alternative writ must be first issued; but if the application be upon due notice, and the writ be allowed, the peremptory writ may be issued in the first instance. The notice of the application, when given, must be at least ten days.

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Legislative History

CCivP 1877, § 698; CL 1887, § 5520; RCCivP 1903, § 767; RC 1919, § 3009; Supreme Court Rule 611, 1939; SDC 1939 & Supp 1960, § 37.4503.

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Bluebook (online)
South Dakota § 21-29-5, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/21-29-5.