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Montana · Through Montana Code Annotated 2025

27-26-204: Factors that determine whether writ peremptory or alternative.

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Where this section sits in the code
  1. TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS
  2. CHAPTER 26. MANDAMUS -- WRIT OF MANDATE
  3. Part 2. Procedure for Obtaining, Serving, and Enforcing Writ

When an application to the court or judge is made without notice to the adverse party and the writ be allowed, the alternative must be first issued; but if the application be upon due notice and the writ be allowed, the peremptory may be issued in the first instance.

Collected 2026-09-14T04:50:37Z. Source file · JSON

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