South Dakota Codified Laws 21-29-5. Alternative writ issued without notice–Minimum notice required for peremptorywrit
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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.
Terms Used In South Dakota Codified Laws 21-29-5
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
Source: CCivP 1877, § 698; CL 1887, § 5520; RCCivP 1903, § 767; RC 1919, § 3009; Supreme Court Rule 611, 1939; SDC 1939 & Supp 1960, § 37.4503.