When an application to the court or judge 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.
Factors That Determine Whether Writ Peremptory Or Alternative
Mont. Code Ann. § 27-26-204, under Procedure for Obtaining, Serving, and Enforcing Writ.
Mont. Code Ann. § 27-26-204