34.340 - Writ must be alternative or peremptory; form of writ.
34.340 Writ must be alternative or peremptory; form of writ.
1. The writ must be either alternative or peremptory.
2. 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, and 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.
3. The peremptory writ must be in a form similar to the alternative writ, except that the words requiring the party to show cause why the party should not be absolutely restrained from any further proceedings in such action or matter, must be omitted and a return day inserted.
[1911 CPA § 768; RL § 5710; NCL § 9257]
NRS 34.350 Court may order return and hearing at any time. The writ of prohibition may, in the discretion of the court issuing the writ, be made returnable and a hearing thereon be had at any time.
[Part 1911 CPA § 769; RL § 5711; NCL § 9258]