As used in this chapter, unless the context otherwise requires: (1) “Writ of mandamus” means an order of the circuit court granted upon the petition of an aggrieved party or the state when the public interest is affected, commanding an executive, judicial, or ministerial officer to perform an act or omit to do an act, […]
The circuit court shall have power to hear and determine petitions for the writ of mandamus and writ of prohibition and to issue such writ of mandamus and writ of prohibition to all inferior courts, tribunals, and officers in its respective jurisdiction.
Petitions for a writ of mandamus or writ of prohibition shall have precedence over all other actions and proceedings and shall be heard and determined summarily.
(a) It shall be within the discretion of the judge having jurisdiction, within forty-five (45) days from the date of application, to determine from the petition, and the records and files of the case, whether an evidentiary hearing is warranted. (b) In the event a hearing is deemed necessary, the judge shall fix and announce […]
(a) Notice of hearing upon any petition for a writ of mandamus or writ of prohibition shall be served in writing upon the officer or persons against whom the relief is sought, for such time and in such manner as may be prescribed by the court having jurisdiction. (b) The notice shall state the style […]
The party against whom the writ of mandamus or writ of prohibition is sought, when properly served with notice, shall file an answer before the hearing and show cause why the writ of mandamus or writ of prohibition should not be granted; otherwise, upon a proper showing, suitable relief shall be speedily granted.
The court shall hear and determine all questions of law and fact arising on the petition for a writ of mandamus or writ of prohibition. The granting or denying of the writ of mandamus or writ of prohibition shall be deemed a final order from which an appeal may be taken.
During the pendency of any proceeding upon a petition for a writ of mandamus or writ of prohibition, the court having jurisdiction, or the judge in vacation, may make such temporary orders as appear expedient and proper to prevent injury, waste, or damage of whatsoever kind.
Where the interest or rights of the state or the public is affected by a writ of mandamus or writ of prohibition, the prosecuting attorney or Attorney General may appeal without giving security for costs.
