Find Legal Information

32-32 Special Proceedings, General Provisions

Download pdf

CHAPTER 32-32SPECIAL PROCEEDINGS, GENERAL PROVISIONS32-32-01. Definition. &quot;Special proceedings&quot; within the meaning of this chapter shallinclude the writs of certiorari, mandamus, and prohibition.32-32-02. Parties to. When a special proceeding is prosecuted by one having a specialinterest in the proceeding, it shall not be necessary for the state to be joined as plaintiff therein,<br>but the person prosecuting the same shall be known as the plaintiff and the adverse party as the<br>defendant.32-32-03. Judgment in special proceeding defined - Motion and order. A judgmentin a special proceeding is the final determination of the rights of the parties therein.Thedefinitions of a motion and an order in a civil action are applicable to similar acts in a special<br>proceeding.32-32-04. What writs issue in vacation. Writs of certiorari, mandamus, and prohibitionmay be issued by a judge of the district court in vacation, and when issued by a judge of the<br>district court may be made returnable and a hearing held thereon in vacation.32-32-05. Rules of practice. Except as otherwise provided in chapters 32-33, 32-34,and 32-35, the provisions of title 28 are applicable to and constitute the rules of practice in the<br>proceedings mentioned in this chapter.32-32-06. New trials and appeals. The provisions of the chapters relative to new trialsand appeals in title 28, except insofar as they are inconsistent with the provisions of chapters<br>32-33, 32-34, and 32-35, apply to the proceedings mentioned in this chapter.Page No. 1Document Outlinechapter 32-32 special proceedings, general provisions