12-2021. Issuance of writ A writ of mandamus may be issued by the supreme or superior court to any person, inferior tribunal, corporation or board, though the governor or other state officer is a member thereof, on the verified complaint of the party beneficially interested, to compel, when there is not a plain, adequate and […]
12-2022. Alternative or peremptory writ A. A writ of mandamus may be either alternative or peremptory. B. The alternative writ shall state generally the allegations of the complaint against the party to whom it is directed, and command such party, immediately after receipt of the writ, or at some other specified time, to do the […]
12-2023. Application for writ; notice; hearing on default A. When application for a writ of mandamus is made without notice to the adverse party, and the writ is allowed, the alternative writ shall be first issued. B. If application for a writ of mandamus is made upon due notice, the peremptory writ may be issued […]
12-2024. Answer and reply On the return day of the alternative writ of mandamus, or at the time stated in the notice of application for the writ, defendant may show cause by verified answer why the writ should not be granted. The answer shall not be conclusive, but plaintiff may object to its sufficiency and […]
12-2025. Trial; order; jury; place of trial; procedure A. If the answer or reply upon an application for writ of mandamus raises a question of fact, the court shall try such question, or may order the question tried before a jury. The question to be tried by the jury shall be distinctly stated in the […]
12-2026. Motion for new trial; retrial A. Either party may move for a new trial in the court where the verdict was returned. B. If a new trial is granted, another jury shall be summoned within five days thereafter to try the issue, unless the parties agree on a longer time.
12-2027. Determination of questions of law If the answer and reply upon application for a writ of mandamus raise only questions of law or put in issue immaterial statements not affecting substantial rights of the parties, or when the question of fact has been determined, the court shall hear the argument.
12-2028. Writ of mandamus; service A. If judgment is awarded applicant a peremptory writ of mandamus shall be awarded without delay. B. The writ shall be served in the same manner as a summons in a civil action, except when otherwise expressly directed by the court.
12-2029. Disobedience of writ; classification A. If a person upon whom the peremptory writ of mandate has been personally served, without just excuse, knowingly fails or refuses to obey the writ, such person is guilty of a class 3 misdemeanor and the court may make any orders necessary and proper for complete enforcement of the […]
12-2030. Mandamus action; award of fees and other expenses against the state or political subdivision; definition A. A court shall award fees and other expenses to any party other than this state or any political subdivision of this state which prevails by an adjudication on the merits in a civil action brought by the party […]
