21-31-2. Application for writ on affidavit--Notice to adverse party--Order to show cause.
The application for a writ of certiorari must be made on affidavit by the party beneficially interested, and the court may require a notice of the application to be given to the adverse party, or may grant an order to show cause why it should not be allowed, or may grant the writ without notice.
Source: CCivP 1877, §686; CL 1887, §5508; RCCivP 1903, §755; RC 1919, §2997; Supreme Court Rule 556, 1939; SDC 1939 & Supp 1960, §37.0402.
Structure South Dakota Codified Laws
Section 21-31-1 - Power to grant writ--Purposes for which used.
Section 21-31-2 - Application for writ on affidavit--Notice to adverse party--Order to show cause.
Section 21-31-3 - Agency or person to whom writ directed.
Section 21-31-4 - Direction to certify record--Stay of proceedings.
Section 21-31-5 - Omission of stay of proceedings discretionary with court.
Section 21-31-6 - Service of writ.
Section 21-31-7 - Further return if return of writ defective--Hearing and judgment by court.
Section 21-31-8 - Scope of review on writ.
Section 21-31-9 - Judgment roll.
Section 21-31-10 - Transmittal of judgment to inferior court or agency.