12-2025. Trial; order; jury; place of trial; procedure

A. If the answer or reply upon an application for writ of mandamus raises a question of fact, the court shall try such question, or may order the question tried before a jury. The question to be tried by the jury shall be distinctly stated in the order for the trial.

B. If the application is made in the supreme court the court shall designate a superior court for the trial of an issue of fact, and transmit to such court a certified copy of the order for trial.

C. The superior court shall thereupon try such issue to a jury as a trial in civil actions, and shall certify the verdict to the supreme court if no motion for a new trial is made within five days or if such motion is made and denied, when it is denied.

12-2025. Trial; order; jury; place of trial; procedure

A. If the answer or reply upon an application for writ of mandamus raises a question of fact, the court shall try such question, or may order the question tried before a jury. The question to be tried by the jury shall be distinctly stated in the order for the trial.

B. If the application is made in the supreme court the court shall designate a superior court for the trial of an issue of fact, and transmit to such court a certified copy of the order for trial.

C. The superior court shall thereupon try such issue to a jury as a trial in civil actions, and shall certify the verdict to the supreme court if no motion for a new trial is made within five days or if such motion is made and denied, when it is denied.