A. When application for a writ of mandamus is made without notice to the adverse party, and the writ is allowed, the alternative writ shall be first issued.

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Terms Used In Arizona Laws 12-2023

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ: means an order or precept in writing issued in the name of the state or by a court or judicial officer. See Arizona Laws 1-215

B. If application for a writ of mandamus is made upon due notice, the peremptory writ may be issued in the first instance. The notice of application, when given, shall be of at least ten days.

C. The writ shall not be granted by default, but the action shall be heard by the court though the adverse party does not appear.

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