Revised Code of Washington
Chapter 7.16 - Certiorari, Mandamus, and Prohibition.
7.16.190 - Notice of application—No default.

RCW 7.16.190
Notice of application—No default.

When the application to the court is made without notice to the party, and the writ be allowed, the alternative must be first issued; and if the application be upon due notice and the writ be allowed, the peremptory writ may be issued in the first instance. The notice of the application, when given, must be at least ten days. The writ cannot be granted by default. The case must be heard by the court, whether the adverse party appear or not.

[ 1895 c 65 § 19; RRS § 1017.]

Structure Revised Code of Washington

Revised Code of Washington

Title 7 - Special Proceedings and Actions

Chapter 7.16 - Certiorari, Mandamus, and Prohibition.

7.16.010 - Parties, how designated.

7.16.020 - Judgment, motion, and order defined.

7.16.030 - Certiorari defined.

7.16.040 - Grounds for granting writ.

7.16.050 - Application for writ—Notice.

7.16.060 - Writ, to whom directed.

7.16.070 - Contents of writ.

7.16.080 - Stay of proceedings.

7.16.100 - Service of writ.

7.16.110 - Defective return—Further return—Hearing—Judgment.

7.16.120 - Questions involving merits to be determined.

7.16.130 - Copy of judgment to inferior tribunal, board, or officer.

7.16.140 - Judgment roll.

7.16.150 - Mandamus defined.

7.16.160 - Grounds for granting writ.

7.16.170 - Absence of remedy at law required—Affidavit.

7.16.180 - Alternative or peremptory writs—Form.

7.16.190 - Notice of application—No default.

7.16.200 - Answer.

7.16.210 - Questions of fact, how determined.

7.16.220 - Applicant may demur to answer or countervail it by proof.

7.16.230 - Motion for new trial, where made.

7.16.240 - Certification of verdict—Argument.

7.16.250 - Hearing.

7.16.260 - Judgment for damages and costs—Peremptory mandate.

7.16.270 - Service of writ.

7.16.280 - Enforcement of writ—Penalty.

7.16.290 - Prohibition defined.

7.16.300 - Grounds for granting writ—Affidavit.

7.16.310 - Alternative or peremptory writs—Form.

7.16.320 - Provisions relating to mandate applicable.

7.16.330 - When writs may be made returnable.

7.16.340 - Rules of practice.

7.16.350 - Appellate review.

7.16.360 - Inapplicability to action reviewable under Administrative Procedure Act or Land Use Petition Act.