TITLE 7

SPECIAL PROCEEDINGS

CHAPTER 4

WRITS OF PROHIBITION

7-403.  Alternative and peremptory writs. The writs must be either alternative or peremptory. The alternative writ must state generally the allegation against the party to whom it is directed, and 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, or to show cause before such court, at a specified time and place, why such party should not be absolutely restrained 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 he should not be absolutely restrained, etc., must be omitted and a return day inserted.

History:

[(7-403) C.C.P. 1881, sec. 753; R.S., R.C., & C.L., sec. 4996; C.S., sec. 7269; I.C.A., sec. 13-403; am. 1996, ch. 224, sec. 4, p. 736.]