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.