2016 North Dakota Century Code Title 32 Judicial Remedies Chapter 32-35 Writ of Prohibition
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CHAPTER 32-35
WRIT OF PROHIBITION
32-35-01. Definition of writ of prohibition.
The writ of prohibition is the counterpart of the writ of mandamus. It arrests the proceedings
of any tribunal, corporation, board, or person, when such proceedings are without or in excess
of the jurisdiction of such tribunal, corporation, board, or person.
32-35-02. By whom and when issued.
The writ of prohibition may be issued by the supreme and district courts to an inferior
tribunal, or to a corporation, board, or person in any case, if there is not a plain, speedy, and
adequate remedy in the ordinary course of law. It is issued upon affidavit on the application of
the person beneficially interested.
32-35-03. Alternative or peremptory.
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.
32-35-04. Other laws applicable.
The provisions of sections 32-34-04 through 32-34-13 for the proceeding under the writ of
mandamus apply to this proceeding.
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