There is a newer version of the South Dakota Codified Laws
2011 South Dakota Code
Title 21 JUDICIAL REMEDIES
Chapter 29. Writ Of Mandamus
§21-29-5 Alternative writ issued without notice--Minimum notice required for peremptory writ.
SD Codified L § 21-29-5 (through 2011) What's This?
21-29-5. Alternative writ issued without notice--Minimum notice required for peremptory writ. 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.
Source: CCivP 1877, § 698; CL 1887, § 5520; RCCivP 1903, § 767; RC 1919, § 3009; Supreme Court Rule 611, 1939; SDC 1939 & Supp 1960, § 37.4503.
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