RULE 8.10 WRITS
(a) General Provisions.
(1) This rule applies to proceedings for writs of certiorari, mandamus, and prohibition.
(2) A person seeking a writ will be designated as the petitioner. All parties to the proceeding other than the petitioner will be designated as respondents.
(3) Unless otherwise specified, the Rules of Civil Procedure apply to proceedings under this rule in district court and the Rules of Appellate Procedure apply to proceedings under this rule in the supreme court.
(1) Writ of Certiorari. A writ of certiorari is a remedy that can be sought when an officer, board, tribunal, or inferior court has exceeded its jurisdiction and no appeal or other adequate remedy exists.
(c) Application Procedure
(1) A party seeking a writ must file a petition with the appropriate court clerk and serve the petition on all interested parties.
(2) The petition must state:
(A) the relief sought;
(B) the issues presented;
(C) the facts necessary to understand the issues presented; and
(D) the reasons why a writ should issue.
(3) The petition must include a copy of any order or opinion or parts of the record that may be essential to understanding the matters set forth in the petition. If a petition is supported by briefs, affidavits, or other papers, they must be served and filed with the petition.
(d) Action by Court.
(1) The court may deny a petition without awaiting a response. Otherwise, the court must fix a time for a response.
Rule 8.10 was adopted, effective____________________.
SOURCES: Joint Procedure Committee Minutes of _________________.
North Dakota's statutes set out the substantive law of extraordinary writs. See N.D.C.C. ch. 32-33 (writ of certiorari).
SUPERSEDED: N.D.C.C. §§ 32-32-02, 32-32-04, 32-32-05, 32-33-02.
CONSIDERED: N.D.C.C. §§ 32-32-01, 32-32-03, 32-33-01.
CROSS REFERENCE: _________________________________________.