27-26-204. Factors that determine whether writ peremptory or alternative. When an application to the court or judge is made without notice to the adverse party and the writ be allowed, the alternative must be first issued; but if the application be upon due notice and the writ be allowed, the peremptory may be issued in the first instance.

Ask a litigation question, get an answer ASAP!
Thousands of highly rated, verified litigation lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Montana Code 27-26-204

  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ: means an order in writing issued in the name of the state or of a court or judicial officer. See Montana Code 1-1-202