The writ must be alternative or peremptory. The alternative writ must state generally the allegation against the party to whom it is directed, and must command such party to desist or refrain from further proceedings in the action or matter specified therein until the further order of the court from which it is issued, and to show cause before such court at a specified time and place why such party should not be restrained absolutely from any further proceedings in such action or matter. The peremptory writ must be in a similar form, except that the words requiring the party to show cause why the party should not be restrained absolutely must be omitted and a return day inserted.

Terms Used In North Dakota Code 32-35-03

  • 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.