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32-35 Writ of Prohibition

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CHAPTER 32-35WRIT OF PROHIBITION32-35-01. Definition of writ of prohibition. The writ of prohibition is the counterpart ofthe writ of mandamus. It arrests the proceedings of any tribunal, corporation, board, or person,<br>when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation,<br>board, or person.32-35-02. By whom and when issued. The writ of prohibition may be issued by thesupreme and district courts to an inferior tribunal, or to a corporation, board, or person in any<br>case, if there is not a plain, speedy, and adequate remedy in the ordinary course of law. It is<br>issued upon affidavit on the application of the person beneficially interested.32-35-03. Alternative or peremptory. The writ must be alternative or peremptory. Thealternative writ must state generally the allegation against the party to whom it is directed, and<br>must command such party to desist or refrain from further proceedings in the action or matter<br>specified therein until the further order of the court from which it is issued, and to show cause<br>before such court at a specified time and place why such party should not be restrained<br>absolutely from any further proceedings in such action or matter. The peremptory writ must be in<br>a similar form, except that the words requiring the party to show cause why the party should not<br>be restrained absolutely must be omitted and a return day inserted.32-35-04.Other laws applicable.The provisions of sections 32-34-04 through32-34-13 for the proceeding under the writ of mandamus apply to this proceeding.Page No. 1Document Outlinechapter 32-35 writ of prohibition