rcw_number stringlengths 8 12 | title stringlengths 4 590 | text stringlengths 17 193k |
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7.05.060 | Extent of court intervention. | In matters governed by this chapter, no court shall intervene except where so provided in this chapter.
[ 2015 c 276 s 6 .] |
7.05.070 | Court authority for certain functions of arbitration assistance and supervision. | (1) The functions referred to in RCW 7.05.120 (3) and (4), 7.05.140 (3), 7.05.150 , 7.05.170 (3), and 7.05.450 (2) shall be performed by the superior court of the county in which the agreement to arbitrate is to be performed or was made. (2) If the arbitration agreement does not specify a county where the agreement to ... |
7.05.080 | Arbitration agreement—Definition and form. | (1) For the purposes of this chapter, "arbitration agreement" is an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not. An arbitration agreement may be in the form of an arbitr... |
7.05.090 | Arbitration agreement—Substantive claim before court. | (1) A court before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so requests not later than when submitting the party's first statement on the substance of the dispute, refer the parties to arbitration unless it finds that the agreement is null and void, inope... |
7.05.100 | Arbitration agreement—Interim measures by court. | It is not incompatible with an arbitration agreement for a party to request, before or during arbitral proceedings, from a court an interim measure of protection and for a court to grant such measure.
[ 2015 c 276 s 10 .] |
7.05.110 | Number of arbitrators—Immunity. | (1) The parties are free to determine the number of arbitrators. (2) Failing such determination, the number of arbitrators shall be three. (3) An arbitrator has the immunity of a judicial officer from civil liability when acting in the capacity of arbitrator under any statute or contract. The immunity afforded by this ... |
7.05.120 | Appointment of arbitrators. | (1) No person shall be precluded by reason of the person's nationality from acting as an arbitrator, unless otherwise agreed by the parties. (2) The parties are free to agree on a procedure of appointing the arbitrator or arbitrators, subject to the provisions of subsections (4) and (5) of this section. (3) Failing suc... |
7.05.130 | Disclosure requirements—Grounds for challenge. | (1) When a person is approached in connection with the person's possible appointment as an arbitrator, the person shall disclose any circumstances likely to give rise to justifiable doubts as to the person's impartiality or independence. An arbitrator, from the time of the arbitrator's appointment and throughout the ar... |
7.05.140 | Challenge procedure. | (1) The parties are free to agree on a procedure for challenging an arbitrator, subject to the provisions of subsection (3) of this section. (2) Failing such agreement, a party who intends to challenge an arbitrator shall, within fifteen days after becoming aware of the constitution of the arbitral tribunal or after be... |
7.05.150 | Failure or impossibility to act. | (1) If an arbitrator becomes de jure or de facto unable to perform the arbitrator's functions or for other reasons fails to act without undue delay, the arbitrator's mandate terminates if the arbitrator withdraws from the arbitrator's office or if the parties agree on the termination. Otherwise, if a controversy remain... |
7.05.160 | Appointment of substitute arbitrator. | Where the mandate of an arbitrator terminates under RCW 7.05.140 or 7.05.150 or because of the arbitrator's withdrawal from office for any other reason or because of the revocation of the arbitrator's mandate by agreement of the parties or in any other case of termination of the arbitrator's mandate, a substitute arbit... |
7.05.170 | Competence of arbitral tribunal to rule on its own jurisdiction. | (1) The arbitral tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. For that purpose, an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract. A decision ... |
7.05.180 | Power of arbitral tribunal to order interim measures. | (1) Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, grant interim measures. (2) An interim measure is any temporary measure, whether in the form of an award or in another form, by which, at any time prior to the issuance of the award by which the dispute is finally decided,... |
7.05.190 | Conditions of granting interim measures. | (1) The party requesting an interim measure under RCW 7.05.180 (2) (a), (b), and (c) shall satisfy the arbitral tribunal that: (a) Harm not adequately reparable by an award of damages is likely to result if the measure is not ordered, and such harm substantially outweighs the harm that is likely to result to the party ... |
7.05.200 | Application for preliminary orders—Conditions for granting preliminary orders. | (1) Unless otherwise agreed by the parties, a party may, without notice to any other party, make a request for an interim measure together with an application for a preliminary order directing a party not to frustrate the purpose of the interim measure requested. (2) The arbitral tribunal may grant a preliminary order ... |
7.05.210 | Procedures for preliminary orders—Expiration of preliminary orders. | (1) Immediately after the arbitral tribunal has made a determination in respect of an application for a preliminary order, the arbitral tribunal shall give notice to all parties of the request for the interim measure, the application for the preliminary order, the preliminary order, if any, and all other communications... |
7.05.220 | Modification, suspension, termination of preliminary orders. | The arbitral tribunal may modify, suspend, or terminate an interim measure or a preliminary order it has granted upon application of any party or, in exceptional circumstances and upon prior notice to the parties, on the arbitral tribunal's own initiative.
[ 2015 c 276 s 22 .] |
7.05.230 | Provision of security. | (1) The arbitral tribunal may require the party requesting an interim measure to provide appropriate security in connection with the measure. (2) The arbitral tribunal shall require the party applying for a preliminary order to provide security in connection with the order unless the arbitral tribunal considers it inap... |
7.05.240 | Disclosures. | (1) The arbitral tribunal may require any party promptly to disclose any material change in the circumstances on the basis of which the measure was requested or granted. (2) The party applying for a preliminary order shall disclose to the arbitral tribunal all circumstances that are likely to be relevant to the arbitra... |
7.05.250 | Costs and damages. | The party requesting an interim measure or applying for a preliminary order shall be liable for any costs and damages caused by the measure or the order to any party if the arbitral tribunal later determines that, in the circumstances, the measure or the order should not have been granted. The arbitral tribunal may awa... |
7.05.260 | Recognition and enforcement of interim measures. | (1) An interim measure issued by an arbitral tribunal shall be recognized as binding and, unless otherwise provided by the arbitral tribunal, enforced upon application to the superior court, irrespective of the country in which it was issued, subject to the provisions of RCW 7.05.270 . (2) The party who is seeking or h... |
7.05.270 | Grounds for refusing recognition and enforcement. | (1) Recognition or enforcement of an interim award may be refused only: (a) At the request of the party against whom it is invoked if the court is satisfied that: (i) Such refusal is warranted on the grounds set forth in RCW 7.05.470 (1)(a) (i), (ii), (iii), or (iv); (ii) The arbitral tribunal's decision with respect t... |
7.05.280 | Court-ordered interim measures. | A court shall have the same power of issuing an interim measure in relation to arbitration proceedings, irrespective of whether their place is in the territory of this state, as it has in relation to proceedings in courts. The court shall exercise such power in accordance with its own procedures in consideration of the... |
7.05.290 | Equal treatment of parties. | The parties shall be treated with equality, and each party shall be given a full opportunity of presenting its case.
[ 2015 c 276 s 29 .] |
7.05.300 | Determination of rules and procedure. | (1) Subject to the provisions of this chapter, the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings. (2) Failing such agreement, the arbitral tribunal may, subject to the provisions of this chapter, conduct the arbitration in such manner as it considers ap... |
7.05.310 | Place of arbitration. | (1) The parties are free to agree on the place of arbitration. Failing such agreement, the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case, including the convenience of the parties. (2) Notwithstanding the provisions of subsection (1) of this section, the... |
7.05.320 | Commencement of arbitral proceedings. | Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent.
[ 2015 c 276 s 32 .] |
7.05.330 | Language used in proceedings. | (1) The parties are free to agree on the language or languages to be used in the arbitral proceedings. Failing such agreement, the arbitral tribunal shall determine the language or languages to be used in the proceedings. This agreement or determination, unless otherwise specified therein, shall apply to any written st... |
7.05.340 | Statement of claim and defense. | (1) Within the period of time agreed by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting its claim, the point at issue, and the relief or remedy sought, and the respondent shall state its defense in respect of these particulars, unless the parties have otherwise agreed a... |
7.05.350 | Hearings and written proceedings. | (1) Subject to any contrary agreement by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on the basis of documents and other materials. However, unless the parties have agreed that no heari... |
7.05.360 | Default of a party. | Unless otherwise agreed by the parties, if, without showing sufficient cause: (1) The claimant fails to communicate its statement of claim in accordance with RCW 7.05.340 (1), the arbitral tribunal shall terminate the proceedings; (2) The respondent fails to communicate its statements of defense in accordance with RCW ... |
7.05.370 | Expert appointed by arbitral tribunal. | (1) Unless otherwise agreed by the parties, the arbitral tribunal: (a) May appoint one or more experts to report to it on specific issues to be determined by the arbitral tribunal; and (b) May require a party to give the expert any relevant information or to produce, or to provide access to, any relevant documents, goo... |
7.05.380 | Court assistance in taking evidence—Consolidation. | (1) The arbitral tribunal or a party with the approval of the arbitral tribunal may request from the superior court assistance in taking evidence. The court may execute the request within its competence and according to its rules on taking evidence. (2) When the parties to two or more arbitration agreements have agreed... |
7.05.390 | Rules applicable to substance of dispute. | (1) The arbitral tribunal shall decide the dispute in accordance with such rules of law as are chosen by the parties as applicable to the substance of the dispute. Any designation of the law or legal system of a given state shall be construed, unless otherwise expressed, as directly referring to the substantive law of ... |
7.05.400 | Decision making by panel of arbitrators. | In arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made, unless otherwise agreed by the parties, by a majority of all its members. However, questions of procedure may be decided by a presiding arbitrator, if so authorized by the parties or all members of the arbitral t... |
7.05.410 | Settlement. | (1) If, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by the parties and not objected to by the arbitral tribunal, record the settlement in the form of an arbitral award on agreed terms. (2) An award on agreed terms shall be made in ... |
7.05.420 | Form and contents of award. | (1) The award shall be made in writing and shall be signed by the arbitrator or arbitrators. In arbitral proceedings with more than one arbitrator, the signatures of the majority of all members of the arbitral tribunal shall suffice, provided that the reason for any omitted signature is stated. (2) The award shall stat... |
7.05.430 | Termination of proceedings. | (1) The arbitral proceedings are terminated by the final award or by an order of the arbitral tribunal in accordance with subsection (2) of this section. (2) The arbitral tribunal shall issue an order for the termination of the arbitral proceedings when: (a) The claimant withdraws its claim, unless the respondent objec... |
7.05.440 | Correction and interpretation of award—Additional award. | (1) Within thirty days of receipt of the award, unless another period of time has been agreed upon by the parties: (a) A party, with notice to the other party, may request the arbitral tribunal to correct in the award any errors in computation, any clerical or typographical errors, or any errors of similar nature; (b) ... |
7.05.450 | Application for setting aside as exclusive recourse against arbitral award. | (1) Recourse to the superior court against an arbitral award may be made only by an application for setting aside in accordance with subsections (2) and (3) of this section. (2) An arbitral award may be set aside by the superior court only if: (a) The party making the application furnishes proof that: (i) A party to th... |
7.05.460 | Recognition and enforcement. | (1) An arbitral award, irrespective of the country in which it was made, shall be recognized as binding and, upon application in writing to the superior court, shall be enforced subject to the provisions of this section and of RCW 7.05.470 . (2) The party relying on an award or applying for its enforcement shall supply... |
7.05.470 | Grounds for refusing recognition or enforcement. | (1) Recognition or enforcement of an arbitral award, irrespective of the country in which it was made, may be refused only: (a) At the request of the party against whom it is invoked, if that party furnishes to the competent court where recognition or enforcement is sought proof that: (i) A party to the arbitration agr... |
7.06.010 | Authorization. | In counties with a population of more than one hundred thousand, arbitration of civil actions under this chapter shall be required. In counties with a population of one hundred thousand or less, the superior court of the county, by majority vote of the judges thereof, or the county legislative authority may authorize a... |
7.06.020 | Actions subject to civil arbitration—Court may authorize mandatory arbitration of maintenance and child support. | (1) All civil actions, except for appeals from municipal or district courts, which are at issue in the superior court in counties which have authorized arbitration, where the sole relief sought is a money judgment, and where no party asserts a claim in excess of fifteen thousand dollars, or if approved by the superior ... |
7.06.030 | Implementation by supreme court rules. | The supreme court shall by rule adopt procedures to implement mandatory arbitration of civil actions under this chapter.
[ 1979 c 103 s 3 .] |
7.06.040 | Qualifications, appointment, and compensation of arbitrators. | (1) The appointment of arbitrators shall be prescribed by rules adopted by the supreme court. An arbitrator must be a member of the state bar association who has been admitted to the bar for a minimum of five years or who is a retired judge. (2)(a) A person may not serve as an arbitrator unless the person has completed... |
7.06.043 | Hearing—Time, date, and place. | The arbitrator shall set the time, date, and place of the hearing and shall give reasonable notice of the hearing date to the parties. Except by stipulation or for good cause shown, the hearing shall be scheduled to take place not sooner than twenty-one days, nor later than seventy-five days, from the date of the assig... |
7.06.047 | Discovery. | After the assignment of a case to the arbitrator, a party may conduct discovery as follows: (1) Request from the arbitrator an examination under CR 35; (2) request admissions from a party under CR 36; and (3) take the deposition of another party. A party may request additional discovery from the arbitrator, including i... |
7.06.050 | Decision and award—Appeals—Trial—Judgment. | (1) Following a hearing as prescribed by court rule, the arbitrator shall file his or her decision and award with the clerk of the superior court, together with proof of service thereof on the parties. Within twenty days after such filing, any aggrieved party may file with the clerk a written notice of appeal and reque... |
7.06.060 | Costs and attorneys' fees. | (1) The superior court shall assess costs and reasonable attorneys' fees against a party who appeals the award and fails to improve his or her position on the trial de novo. The court may assess costs and reasonable attorneys' fees against a party who voluntarily withdraws a request for a trial de novo if the withdrawa... |
7.06.070 | Right to trial by jury. | No provision of this chapter may be construed to abridge the right to trial by jury.
[ 1979 c 103 s 7 .] |
7.06.080 | Application date for request under RCW7.06.050and7.06.060. | RCW 7.06.050 and 7.06.060 apply to all requests for a trial de novo filed pursuant to and in appeal of an arbitrator's decision and filed on or after June 13, 2002.
[ 2002 c 339 s 3 .] |
7.06.910 | Effective date—1979 c 103. | This act shall take effect July 1, 1980.
[ 1979 c 103 s 10 .] |
7.07.010 | Definitions. | In this chapter: (1) "Mediation" means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute. (2) "Mediation communication" means a statement, whether oral or in a record or verbal or nonverbal, that occurs during... |
7.07.020 | Scope. | (1) Except as otherwise provided in subsection (2) or (3) of this section, this chapter applies to a mediation in which: (a) The mediation parties are required to mediate by statute or court or administrative agency rule or referred to mediation by a court, administrative agency, or arbitrator; (b) The mediation partie... |
7.07.030 | Privilege against disclosure—Admissibility—Discovery. | (1) Except as otherwise provided in RCW 7.07.050 , a mediation communication is privileged as provided in subsection (2) of this section and is not subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided by RCW 7.07.040 . (2) In a proceeding, the following privileges apply:... |
7.07.040 | Waiver and preclusion of privilege. | (1) A privilege under RCW 7.07.030 may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation and: (a) In the case of the privilege of a mediator, it is expressly waived by the mediator; and (b) In the case of the privilege of a nonparty participant, it is expressl... |
7.07.050 | Exceptions to privilege. | (1) There is no privilege under RCW 7.07.030 for a mediation communication that is: (a) In an agreement evidenced by a record signed by all parties to the agreement; (b) Made during a session of a mediation which is open, or is required by law to be open, to the public; (c) A threat or statement of a plan to inflict bo... |
7.07.060 | Prohibited mediator reports. | (1) Except as provided in subsection (2) of this section, a mediator may not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, administrative agency, or other authority that may make a ruling on the dispute that is the subject of the mediation. (2) ... |
7.07.070 | Confidentiality. | Unless subject to chapter 42.30 RCW, mediation communications are confidential to the extent agreed by the parties or provided by other law or rule of this state.
[ 2005 c 172 s 8 .] |
7.07.080 | Mediator's disclosure of conflicts of interest—Background. | (1) Before accepting a mediation, an individual who is requested to serve as a mediator shall: (a) Make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including a financia... |
7.07.090 | Participation in mediation. | An attorney or other individual designated by a party may accompany the party to and participate in a mediation, except that if the dispute being mediated is the subject of pending proceedings under chapter 12.40 RCW, then a party may not be represented by an attorney in mediation unless the party may be represented by... |
7.07.100 | Relation to electronic signatures in global and national commerce act. | This chapter modifies, limits, or supersedes the federal electronic signatures in global and national commerce act (15 U.S.C. Sec. 7001 et seq.), but this chapter does not modify, limit, or supersede section 101(c) of that act or authorize electronic delivery of any of the notices described in section 103(b) of that ac... |
7.07.110 | Uniformity of application and construction. | In applying and construing this chapter, consideration should be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[ 2005 c 172 s 12 .] |
7.07.900 | Short title—2005 c 172. | This act may be cited as the Uniform Mediation Act.
[ 2005 c 172 s 1 .] |
7.07.903 | Application to existing agreements or referrals. | (1) This chapter governs a mediation pursuant to a referral or an agreement to mediate made on or after January 1, 2006. (2) If all parties agree in a signed record or a record of proceeding reflects such an agreement by all parties, then this chapter governs a mediation pursuant to a referral or an agreement to mediat... |
7.07.904 | Effective date—2005 c 172. | This act takes effect January 1, 2006.
[ 2005 c 172 s 23 .] |
7.08.010 | Assignment must be for benefit of all creditors. | No general assignment of property by an insolvent, or in contemplation of insolvency, for the benefit of creditors, shall be valid unless it be made for the benefit of all of the assignor's creditors in proportion to the amount of their respective claims.
[ 2004 c 165 s 36 ; 1893 c 100 s 1 ; 1890 p 83 s 1 ; RRS s 1086.... |
7.08.030 | Assignment—Procedure—Creditor's selection of new assignee. | (1) An assignment under this chapter must be in substantially the following form: ASSIGNMENT THIS ASSIGNMENT is made this . . . . day of . . . . . . ., . . . ., by and between . . . . . . . ., with a principal place of business at . . . . . . . . (hereinafter "assignor"), and . . . . . . . ., whose address is . . .... |
7.08.900 | Construction—Chapter applicable to state registered domestic partnerships—2009 c 521. | For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married person... |
7.16.010 | Parties, how designated. | The party prosecuting a special proceeding may be known as the plaintiff and the adverse party as the defendant.
[ 1895 c 65 s 1 ; RRS s 999.] |
7.16.020 | Judgment, motion, and order defined. | A judgment in a special proceeding is the final determination of the rights of the parties therein. The definitions of a motion and an order in a civil action are applicable to similar acts in a special proceeding.
[ 1895 c 65 s 2 ; RRS s 1000.] |
7.16.030 | Certiorari defined. | The writ of certiorari may be denominated the writ of review.
[ 1895 c 65 s 3 ; RRS s 1001.] |
7.16.040 | Grounds for granting writ. | A writ of review shall be granted by any court, except a municipal or district court, when an inferior tribunal, board or officer, exercising judicial functions, has exceeded the jurisdiction of such tribunal, board or officer, or one acting illegally, or to correct any erroneous or void proceeding, or a proceeding not... |
7.16.050 | Application for writ—Notice. | The application 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.
[ 1895 c 65 s 5 ; RRS s 1003.] |
7.16.060 | Writ, to whom directed. | The writ may be directed to the inferior tribunal, board or officer, or to any other person having the custody of the record or proceedings to be certified. When directed to a tribunal the clerk, if there be one, must return the writ with the transcript required.
[ 1895 c 65 s 6 ; RRS s 1004.] |
7.16.070 | Contents of writ. | The writ of review must command the party to whom it is directed to certify fully to the court issuing the writ, at a specified time and place, a transcript of the record and proceedings (describing or referring to them with convenient certainty), that the same may be reviewed by the court, and requiring the party, in ... |
7.16.080 | Stay of proceedings. | If a stay of proceedings be not intended, the words requiring the stay must be omitted from the writ. These words may be inserted or omitted, in the sound discretion of the court, but if omitted the power of the inferior court or office is not suspended or the proceedings stayed.
[ 1895 c 65 s 8 ; RRS s 1006.] |
7.16.100 | Service of writ. | The writ may be served as follows, except where different directions respecting the mode of service thereof are given by the court granting it: (1) Where it is directed to a person or persons by name or by his or her official title or titles, or to a municipal corporation, it must be served upon each officer or other p... |
7.16.110 | Defective return—Further return—Hearing—Judgment. | If the return of the writ be defective, the court may order a further return to be made. When a full return has been made, the court must hear the parties, or such of them as may attend for that purpose, and may thereupon give judgment, either affirming or annulling or modifying the proceedings below.
[ 1895 c 65 s 11 ... |
7.16.120 | Questions involving merits to be determined. | The questions involving the merits to be determined by the court upon the hearing are: (1) Whether the body or officer had jurisdiction of the subject matter of the determination under review. (2) Whether the authority, conferred upon the body or officer in relation to that subject matter, has been pursued in the mode ... |
7.16.130 | Copy of judgment to inferior tribunal, board, or officer. | A copy of the judgment signed by the clerk, must be transmitted to the inferior tribunal, board or officer having the custody of the record or proceeding certified up.
[ 1895 c 65 s 13 ; RRS s 1011.] |
7.16.140 | Judgment roll. | A copy of the judgment signed by the clerk, entered upon or attached to the writ and return, constitute the judgment roll.
[ 1895 c 65 s 14 ; RRS s 1012.] |
7.16.150 | Mandamus defined. | The writ of mandamus may be denominated a writ of mandate.
[ 1895 c 65 s 15 ; RRS s 1013.] |
7.16.160 | Grounds for granting writ. | It may be issued by any court, except a district or municipal court, to any inferior tribunal, corporation, board or person, to compel the performance of an act which the law especially enjoins as a duty resulting from an office, trust or station, or to compel the admission of a party to the use and enjoyment of a righ... |
7.16.170 | Absence of remedy at law required—Affidavit. | The writ must be issued in all cases where there is not a plain, speedy and adequate remedy in the ordinary course of law. It must be issued upon affidavit on the application of the party beneficially interested.
[ 1895 c 65 s 17 ; RRS s 1015.] |
7.16.180 | Alternative or peremptory writs—Form. | The writ may be either alternative or peremptory. The alternative writ must state generally the allegation against the party to whom it is directed, and command such party, immediately after the receipt of the writ, or at some other specified time, to do the act required to be performed, or to show cause before the cou... |
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 te... |
7.16.200 | Answer. | On the return of the alternative, or the day on which the application for the writ is noticed, the party on whom the writ or notice has been served may show cause by answer, under oath, made in the same manner as an answer to a complaint in a civil action.
[ 1895 c 65 s 20 ; RRS s 1018.] |
7.16.210 | Questions of fact, how determined. | If an answer be made which raises a question as to a matter of fact essential to the determination of the motion, and affecting the substantial rights of the parties, and upon the supposed truth of the allegation of which the application for the writ is based, the court may, in its discretion, order the question to be ... |
7.16.220 | Applicant may demur to answer or countervail it by proof. | On the trial the applicant is not precluded by the answer from any valid objections to its sufficiency, and may countervail it by proof, either in direct denial or by way of avoidance.
[ 1895 c 65 s 22 ; RRS s 1020.] |
7.16.230 | Motion for new trial, where made. | The motion for new trial must be made in the court in which the issue of fact is tried.
[ 1895 c 65 s 23 ; RRS s 1021.] |
7.16.240 | Certification of verdict—Argument. | If no notice of a motion for a new trial be given, or if given, the motion be denied, the clerk, within five days after rendition of the verdict or denial of the motion, must transmit to the court in which the application for the writ is pending, a certified copy of the verdict attached to the order of trial, after whi... |
7.16.250 | Hearing. | If no answer be made, the case must be heard on the papers of the applicant. If the answer raises only questions of law, or puts in issue immaterial statements not affecting the substantial rights of the party, the court must proceed to hear or fix a day for hearing the argument of the case.
[ 1895 c 65 s 25 ; RRS s 10... |
7.16.260 | Judgment for damages and costs—Peremptory mandate. | If judgment be given for the applicant he or she may recover the damages which he or she has sustained, as found by the jury or as may be determined by the court or referee, upon a reference to be ordered, together with costs; and for such damages and costs an execution may issue, and a peremptory mandate must also be ... |
7.16.270 | Service of writ. | The writ must be served in the same manner as a summons in a civil action, except when otherwise expressly directed by order of the court. Service upon a majority of the members of any board or body is service upon the board or body, whether at the time of the service the board or body was in session or not.
[ 1895 c 6... |
7.16.280 | Enforcement of writ—Penalty. | When a temporary mandate has been issued and directed to any inferior tribunal, corporation, board or person upon whom the writ has been personally served and such tribunal, corporation, board, or person has without just excuse, refused or neglected to obey the same, the court may, upon motion, impose a fine not exceed... |
7.16.290 | Prohibition defined. | The writ of prohibition is the counterpart of the writ of mandate. It arrests the proceedings of any tribunal, corporation, board or person, when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation, board or person.
[ 1895 c 65 s 29 ; RRS s 1027.] |
7.16.300 | Grounds for granting writ—Affidavit. | It may be issued by any court, except district or municipal courts, to an inferior tribunal, or to a corporation, board or person, in all cases where there is not a plain, speedy and adequate remedy in the ordinary course of law. It is issued upon affidavit, on the application of the person beneficially interested.
[ 1... |
7.16.310 | Alternative or peremptory writs—Form. | The writ must be either alternative or peremptory. The alternative writ must state generally the allegations 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 issu... |
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