2005 Idaho Code - 7-305 — NOTICE OF APPLICATION -- HEARING

                                   TITLE  7
                             SPECIAL PROCEEDINGS
                                  CHAPTER 3
                               WRITS OF MANDATE
    7-305.  NOTICE OF APPLICATION -- HEARING. When the application to the
court 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. The notice of the application, when given, must be at least fourteen
(14) days. The writ cannot be granted by default. The case must be heard by
the court whether the adverse party appear or not.