Title 7, Judiciary and Civil Procedure

The writ of certiorari may be denominated the writ of review. SOURCE: CCP § 1067.

A writ of review may be granted by any court, when an inferior tribunal, board, or officer, exercising judicial functions, has exceed the jurisdiction of such tribunal, board, or officer, and there is no appeal, nor, in the judgment of the court, any plain, speedy, and adequate r…

COL120106 The application must be made in the verified petition of the party beneficially interested, and the court may require a notice of the application to be given to the adverse party, or may grant an order to show cause why it should not be allowed, or may grant the writ wi…

The writ may be directed to the inferior tribunal, board or officer, or to any other person having the custody of the record or proceedings to be certified. When directed to a tribunal, the clerk, if there be one, must return the writ with the transcript required. SOURCE: CCP § 1…

The writ of review must command the party to whom it is directed to certify fully to the court issuing the writ, at a specified time and place, a transcript of the record and proceedings (describing or referring to them with convenient certainty), that the same may be reviewed by…

If a stay of proceedings be not intended, the words requiring the stay must be omitted from the writ; those words may be inserted or omitted, in the sound discretion of the court, but if omitted, the power of the inferior court or officer is not suspended or the proceedings staye…

The writ must be served in the same manner as a summons in civil action, except when otherwise expressly directed by the court. SOURCE: CCP § 1073. CROSS-REFERENCE: See GRCP Rule 4.

The review upon this writ cannot be extended further than to determine whether the inferior tribunal, board, or officer has regularly pursued the authority of such tribunal, board, or officer. SOURCE: CCP § 1074. COL120106

If the return of the writ be defective, the court may order a further return to be made. When a full return has been made, the court must hear the parties, or such of them as may attend for that purpose, and may thereupon give judgment, either affirming or annulling, or modifying…

A copy of the judgment, signed by the clerk, must be transmitted to the inferior tribunal, board, or officer having the custody of the record or proceedings certified up. SOURCE: CCP § 1076.

A copy of the judgment, signed by the clerk, entered upon or attached to the writ and return, constitutes the judgment roll. SOURCE: CCP § 1077. CROSS-REFERENCE: § 21603 of this Title, relating to the Judgment Roll of the Superior Court, was amended by P.L. 13-156:2 (7/9/76). ---…

The writ of mandamus may be de-nominated a writ of review. SOURCE: CCP § 1084.

It may be issued by any court, [except a commissioner's court or police court,] to any inferior tribunal, corporation, board, or person to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station; or to compel the adm…

The writ must be issued in all cases where there is not a plain, speedy, and adequate remedy in the ordinary course of law. It must be issued on the verified petition of the party beneficially interested. SOURCE: CCP § 1086.

The writ may be either alternative or peremptory. The alternative writ must command the party to whom it is directed, immediately after the receipt of the writ, or at some other specified time, to do the act required to be performed or to show cause before the court at a specifie…

When the application is made to the court without notice to the adverse party, and the writ is allowed, the alternative must be first issued; but if the application is upon due notice and the writ is allowed, the peremptory may be issued in the first instance. With the alternativ…

On the return of the alternative, or the day on which the application for the writ is noticed, the party on whom the writ or notice has been served may answer the petition under oath, in the same manner as an answer to a complaint in a civil action. NOTE: See GRCP Rule 11. This s…

If an answer be made, which raises a question as to a matter of fact essential to the determination of the motion, and affecting the substantial rights of the parties, and upon the supposed truth of the allegation upon which the application for the writ is issued, the court may, …

On the trial, the applicant is not precluded by the answer from any valid objection to its sufficiency, and may countervail it by proof either in direct denial or by way of avoidance. SOURCE: CCP § 1091.

The motion for new trial must be made in the court in which the issue of fact is tried. SOURCE: CCP § 1092.

If no notice of a motion for a new trial be given, or if given, the motion be denied, the clerk, within five days after rendition of the decision or COL120106 denial of the motion, must transmit to the court in which the application for the writ is pending, a certified copy of th…

If no answer be made, the case must be heard on the papers of the applicant. If the answer raises only questions of law, or puts in issue immaterial statements, not affecting the substantial rights of the parties, the court must proceed to hear or fix a day for hearing the argume…

If judgment be given for the applicant, he may recover the damages which he has sustained, as may be determined by the court, together with costs; and for such damages and costs an execution may issue; and a peremptory mandate must also be awarded without delay. SOURCE: CCP § 109…

The writ must be served in the same manner as a summons in a civil action, except when otherwise expressly directed by order of the court. Service upon the majority of the members of any board or body is service upon the board or body, whether at the time of the service the board…

When a peremptory mandate has been issued and directed to any inferior tribunal, corporation, board or person, if it appears to the court that any member of such tribunal, corporation, or board, or such person upon whom the writ has been personally served, has without just excuse…

COL120106 In the event that a Court has issued a mandate to any inferior tribunal, corporation, board or person, and the inferior tribunal, corporation, board or person refuses to comply with the Court’s mandate, the Court, in addition to its other powers contained within this Ch…

The writ of prohibition is the counterpart of the writ of mandate. It arrests the proceedings of any tribunal, corporation, board, or person exercising judicial functions, when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation, board, or …

It may be issued by any court except police or commissioner's courts, to an inferior tribunal or to a corporation, board, or person in all cases where there is not a plain, speedy, and adequate remedy in the ordinary course of law. It is issued upon the verified petition of the p…

The writ must be either alternative or peremptory. The alternative writ must command the party to whom it is directed 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…

The provisions of the preceding Article, except the first four sections thereof, [§ 31201 - § 31204], apply to this proceeding. SOURCE: CCP § 1105. ----------- ARTICLE 4 COURTS HAVING JURISDICTION

Writs of review, mandate and prohibition issued by the Supreme Court or by the Superior Court may in the discretion of the court issuing the writ, be made returnable, and a hearing thereon be had at any time. SOURCE: CCP § 1108; amended by P.L. 12-85; reenacted without change by …

Except as otherwise provided in this Chapter, the provisions of Part 2 of this Title are applicable to and constitute the rules of practice in the proceedings mentioned in this Chapter. SOURCE: CCP § 1109. NOTE: Part 2 of this Title commences with Chapter 10, but the procedure re…

The provisions of Part 2 of this Title relative to new trials and appeals, except in so far as they are inconsistent with the provisions of this Chapter, apply to the proceedings mentioned in this Chapter. SOURCE: CCP § 1110 ---------- COL120106