12-2023. Application for writ; notice; hearing on default
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.
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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