Title 12, Courts and Civil Proceedings

The writ of certiorari may be granted by the supreme and superior courts or by any judge thereof, in all cases when an inferior tribunal, board or officer, exercising judicial functions, has exceeded its jurisdiction and there is no appeal, nor, in the judgment of the court, a pl…

A. An application for a writ of certiorari shall be made on affidavit by the party beneficially interested, and the court may grant the writ with or without notice to the adverse party, or may enter an order to show cause why it should not be granted. B. The writ may be directed …

The writ of certiorari shall command the party to whom it is directed to certify fully to the court issuing the writ, at a specified time and place, and to annex to the writ a transcript of the record and proceedings named in the writ, and requiring the party in the meantime to d…

If a stay of proceedings is not intended, the words requiring the stay shall be omitted from the writ. The words may be inserted or omitted in the discretion of the court. If the words are omitted, the power of the inferior court or officer shall not be suspended nor the proceedi…

A writ of certiorari shall be served in the same manner as a summons in a civil action, except when otherwise directed by the court.

The review upon writ of certiorari shall not be extended further than to determine whether the inferior tribunal, board or officer has regularly pursued its authority.

A. If the return to a writ of certiorari is defective, the court may order a further return made. When a full return has been made, the court or judge shall hear the matter and give judgment affirming, annulling or modifying the proceedings below. B. A copy of the judgment, certi…

A writ of mandamus may be issued by the supreme or superior court to any person, inferior tribunal, corporation or board, though the governor or other state officer is a member thereof, on the verified complaint of the party beneficially interested, to compel, when there is not a…

A. A writ of mandamus may be either alternative or peremptory. B. The alternative writ shall state generally the allegations of the complaint against the party to whom it is directed, and command such party, immediately after receipt of the writ, or at some other specified time, …

A. When application for a writ of mandamus is made without notice to the adverse party, and the writ is allowed, the alternative writ shall be first issued. B. If application for a writ of mandamus is made upon due notice, the peremptory writ may be issued in the first instance. …

On the return day of the alternative writ of mandamus, or at the time stated in the notice of application for the writ, defendant may show cause by verified answer why the writ should not be granted. The answer shall not be conclusive, but plaintiff may object to its sufficiency …

A. If the answer or reply upon an application for writ of mandamus raises a question of fact, the court shall try such question, or may order the question tried before a jury. The question to be tried by the jury shall be distinctly stated in the order for the trial. B. If the ap…

A. Either party may move for a new trial in the court where the verdict was returned. B. If a new trial is granted, another jury shall be summoned within five days thereafter to try the issue, unless the parties agree on a longer time.

If the answer and reply upon application for a writ of mandamus raise only questions of law or put in issue immaterial statements not affecting substantial rights of the parties, or when the question of fact has been determined, the court shall hear the argument.

A. If judgment is awarded applicant a peremptory writ of mandamus shall be awarded without delay. B. The writ shall be served in the same manner as a summons in a civil action, except when otherwise expressly directed by the court.

A. If a person upon whom the peremptory writ of mandate has been personally served, without just excuse, knowingly fails or refuses to obey the writ, such person is guilty of a class 3 misdemeanor and the court may make any orders necessary and proper for complete enforcement of …

A. A court shall award fees and other expenses to any party other than this state or any political subdivision of this state which prevails by an adjudication on the merits in a civil action brought by the party against the state, any political subdivision of this state or an int…

A. An action may be brought in the supreme court by the attorney general in the name of the state upon his relation, upon his own information or upon the verified complaint of any person, in cases where the supreme court has jurisdiction, or otherwise in the superior court of the…

An action may be brought in the superior court by the county attorney in the name of the state upon his own information or upon the verified complaint of any person, against any person who usurps, intrudes into or who unlawfully holds or exercises any public office or any franchi…

A. If the attorney general or the county attorney refuses to bring an action as provided for in sections 12-2041 and 12-2042, upon information or at the request of any person claiming such office or franchise, the person may apply to the court for leave to bring the action in his…

A. When the action involves the right to an office, the complaint shall show the one who is entitled to the office, and the issues made thereon shall be tried. The judgment given shall adjudge who is entitled to the office. If judgment is given awarding the right to the office to…

If a defendant is adjudged guilty of usurping or intruding into or unlawfully holding an office, franchise or privilege, such defendant is guilty of a petty offense and shall be excluded from the office, franchise or privilege.