Title 27, Title 27

The notice of the application, when given, must be at least 10 days or a shorter time, in the discretion of the court or judge.

The writ may be either alternative or peremptory. The alternative writ must state generally the allegation against the party to whom it is directed and command the party, immediately after the receipt of the writ or at some other specified time, to do the act required to be perfo…

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.

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 or judge. Service upon a majority of the members of any board or body is service upon the board or body, whether at the time of the service th…

(1) When a peremptory mandate has been issued and directed to any lower tribunal, corporation, board, or person, if it appears to the court or judge that any member of the tribunal, corporation, board, or person upon whom the writ has been personally served has, without just excu…

Writs of mandate issued by the supreme court or by a district court or district judge may, in the discretion of the court issuing the writ, be made returnable and a hearing thereon be heard at any time.

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 show cause by answer, under oath, made in the same manner as an answer to a complaint in a civil action.

(1) If an answer is made that 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 of which the application for the writ is based, the court or judg…

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

The motion for a new trial must be made in the court in which the issue of fact is tried.

If no notice of a motion for a new trial be given or, if given, the motion be denied, the argument must proceed at any time the court or judge may direct.

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 right of the parties, the court or judge must proceed to hear or fix a day for hearing the …

The writ cannot be granted by default. The case must be heard by the court or judge, whether the adverse party appear or not.

If judgment is given for the applicant: (1) the applicant may recover the damages that the applicant has sustained, as found by the jury or as determined by the court or referees, if a reference was ordered, together with costs; (2) an execution may issue for the damages and cost…

In all cases where the respondent is a state, county, or municipal officer, all damages and costs, or either, which may be recovered or awarded shall be recovered and awarded against the state, county, or municipal corporation represented by such officer and not against such offi…

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 p…

A writ of prohibition may be issued by the supreme court or the district court or any district judge to any lower tribunal or to a corporation, board, or person in all cases in which there is not a plain, speedy, and adequate remedy in the ordinary course of law. The writ is issu…

The writ must be either alternative or peremptory. The alternative writ must state generally the allegation against the party to whom it is directed and command the party to desist or refrain from further proceedings in the action or matter specified in the writ until the further…

The provisions of chapter 26, except 27-26-101, 27-26-102, 27-26-201, and 27-26-203, apply to this proceeding.

A civil action may be brought in the name of the state against: (1) a person who usurps, intrudes into, or unlawfully holds or exercises a public office, civil or military, or a franchise within this state or an office in a corporation created by the authority of this state; (2) …

A like action may be brought against a corporation when it has: (1) offended against a provision of an act for its creation or renewal or any act altering or amending such acts; (2) forfeited its privileges and franchises by nonuser; (3) committed or omitted an act which amounts …

The attorney general shall commence an action: (1) when directed by the governor; and (2) when, upon complaint or otherwise, the attorney general has good reason to believe that any case specified in 27-28-102 can be established by proof.

The officer may, upon the officer's own relation, bring any action, or the officer may, on leave of the court or a judge in vacation, bring the action upon the relation of another person. If the action is brought under 27-28-101(1), security for costs may be required, to be given…

An action under this chapter can be brought in the supreme court of the state or in the district court of the county in which the defendant or one of the defendants resides or is found or, when the defendant is a corporation, in the county in which it is situated or has a place o…

Actions under this chapter in any court shall have precedence of any civil business pending therein; and the court, if the matter is of public concern, shall, on the motion of the attorney general or the attorney of the party, require as speedy a trial of the merits of the case a…

Upon application for leave to file a complaint, the court or judge may direct notice thereof to be given to the defendant previous to granting such leave and may hear the defendant in opposition thereto; and if leave be granted, an entry thereof shall be made on the minutes of th…

When the complaint is filed without leave and notice, a summons shall issue and be served as in other cases.

When a summons is returned not served because the defendant or its officers or office cannot be found within the county, the clerk shall publish the summons as in other cases.

The pleadings shall be as in other cases.

When a defendant is found guilty of usurping, intruding into, or unlawfully holding or exercising an office, franchise, or privilege, judgment must be rendered that the defendant be ousted and altogether excluded from the office, franchise, or privilege and that the relator recov…

If the action is commenced in the district court, an appeal may be taken from the judgment by either party to the supreme court as in other cases.

Actions under this chapter commenced in the supreme court must be conducted in the same manner as if commenced in the district court, and the clerk of the supreme court has the same authority to issue summonses and other process and to enter orders and judgments as the clerk of t…

A person claiming to be entitled to a public office unlawfully held and exercised by another, individually or by an attorney, may bring an action for the office in the name of the state, as provided in this chapter. On filing the complaint, the person shall enter into an undertak…

When the action is against a person for usurping an office, the complaint must set forth the name of the person who claims to be entitled to the office, with a statement of the person's right to the office.

All persons who claim to be entitled to the same office or franchise may be made defendants in the same action to try their respective rights to such office or franchise.

Judgment may be rendered upon the right of the defendant and also upon the right of the person averred to be entitled, as provided in 27-28-302, or only upon the right of the defendant, as justice requires.

If there is judgment of ouster against the defendant, there shall be no stay of execution or proceedings pending such appeal.

If judgment is rendered in favor of the person alleged to be entitled to an office, the person may, after taking the oath of office and executing any official bond required by law, take upon the person the execution of the office and the person shall immediately upon taking the o…

If the defendant refuses or neglects to deliver any book or paper pursuant to the demand in 27-28-306, the defendant is considered guilty of a contempt of court and shall be fined an amount not exceeding $10,000 and imprisoned in the jail of the county until the defendant complie…

The person in whose favor judgment is rendered under this part may, at any time within 1 year after the date of the judgment, bring an action against the party ousted and recover the damages sustained by reason of the usurpation.

When the action is against a director of a corporation and the court finds that at the director's election either illegal votes were received or legal votes were rejected, or both, sufficient to change the result, judgment may be rendered that the defendant be ousted and of induc…

In a case named in 27-28-401, the court may order a new election to be held, at a time and place and by judges appointed by the court, notice of which election and naming the judges shall be given for the time and in the manner provided by law for notice of elections of directors…

When it is found and adjudged that a corporation has offended in any matter or manner which does not work such surrender or forfeiture, misused a franchise, or exercised a power not conferred by law, judgment shall be entered that it be ousted from the continuance of such offense…

When in any such action it is found and adjudged that a corporation has, by an act done or omitted, surrendered or forfeited its corporate rights, privileges, or franchises or has not used the same during a term of 5 years, judgment shall be entered that it be ousted and excluded…

If judgment be rendered against a corporation or against a person claiming to be a corporation, the court may render judgment for costs against the directors or other officers of the corporation or against the person claiming to be a corporation.