South Dakota § 21-30-4 Alternative and peremptory writs--Terms of writ.

South Dakota Statutes

§ 21-30-4 — Alternative and peremptory writs--Terms of writ.

South Dakota·Title 21 JUDICIAL REMEDIES·Ch. 21-30 WRIT OF PROHIBITION

The writ of prohibition must be alternative or peremptory. The alternative writ must state generally the allegation against the party to whom it is directed, and command such party to desist or refrain from further proceedings in the action or matter specified therein, until 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 absolutely restrained 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 he should not be absolutely restrained must be omitted and a return day inserted.

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The writ of prohibition must be alternative or peremptory. The alternative writ must state generally the allegation against the party to whom it is directed, and command such party to desist or refrain from further proceedings in the action or matter specified therein, until 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 absolutely restrained 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 he should not be absolutely restrained must be omitted and a return day inserted.

South Dakota § 21-30-4 (Alternative and peremptory writs--Terms of writ.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.