The writ may be either alternative or peremptory. The alternative writ must state generally the allegation against the party to whom it is directed and must command such party immediately upon the receipt of the writ, or at some other specified time, to do the act required to be performed or to show cause before the court at a specified time and place why the party has not done such act. The peremptory writ must be in a similar form except that the words requiring the party to show cause why the party has not obeyed the command must be omitted and a return day inserted.

Terms Used In North Dakota Code 32-34-03

  • Allegation: something that someone says happened.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • Writ: means an order or precept in writing, issued in the name of the state or of a court or judicial officer. See North Dakota Code 1-01-49
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.