N.D. Cent. Code » Title 32 · Chapter 32-35
North Dakota Century Code

N.D. Cent. Code § 32-35-01 (2026)

Definition of writ of prohibition

✓ current as of May 2026
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The writ of prohibition is the counterpart of the writ of mandamus. It arrests the proceedings of any tribunal, corporation, board, or person, when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation, board, or person.

Notes of Decisions
Cited in 12 cases, 1979–2018 · leading case: Med. Arts Clinic, P.C. v. Franciscan Initiatives, Inc., 531 N.W.2d 289 (N.D. 1995).
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Med. Arts Clinic, P.C. v. Franciscan Initiatives, Inc., 531 N.W.2d 289 (N.D. 1995). · cites it 8× “" N.D.C.C. §§ 32-35-01, 32-35-02. See also Linde, supra (original writ of prohibition to restrain Tax Commissioner from exceeding authority).”
Kelsh v. Jaeger, 2002 ND 53 (N.D. 2002). · cites it 2× “I [¶ 2] A writ of prohibition is an extraordinary remedy to prevent an inferi- or body or tribunal from acting without or in excess of jurisdiction when there is not a plain, speedy, and adequate remedy in the course of law.”
Black Gold Oil Field Servs., LLC v. City of Williston, 2016 ND 30 (N.D. 2016). · cites it 2× “” N.D.C.C. §§ 32-35-01, 32-35-02. See also Linde, supra (original writ of prohibition to restrain Tax Commissioner from exceeding authority).”
State v. Rippley, 319 N.W.2d 129 (N.D. 1982). · cites it 2× “Section 32-35-01. In State v. Hanson, 252 N.”
Davis v. O'KEEFE, 283 N.W.2d 73 (N.D. 1979). · cites it 2× “Section 32-35-01, NDCC; State v. Hanson, 252 N.”
Riemers v. Jaeger, 827 N.W.2d 330 (N.D. 2013). · cites it 2× “” N.D.C.C. § 32-35-01. A “writ of prohibition may be issued .”
State Ex Rel. Link v. Olson, 286 N.W.2d 262 (N.D. 1979). “Sections 32-35-01 and 32-35-02, NDCC, state as follows: “32-35-01.”
Knapp v. Comm'r of Minnesota Dep't of Revenue, 2018 ND 231 (N.D. 2018). · cites it 2× “N.D.C.C. §§ 32-35-01, *390 32-35-02 ; Old Broadway Corp.”
SunBehm Gas, Inc. v. Lesmeister, 308 N.W.2d 555 (N.D. 1981). · cites it 2× “Pursuant to Section 32-35-01, N.D.C.C., a writ of prohibition: “.”
Schneider v. Ewing, 310 N.W.2d 581 (N.D. 1981). · cites it 6× “, provides to the North Dakota Supreme Court original jurisdiction to direct an alternative writ to be issued by the clerk.”
Clifford v. O'DONNELL, 2005 ND 27 (N.D. 2005). · cites it 2× “See N.D.C.C. § 32-35-01. Clifford's petition was based on acts occurring over twenty years ago and no proceedings related to his murder convictions are currently pending.”
Burgard v. Burgard, 2013 ND 27 (N.D. 2013). · cites it 2× “” N.D.C.C. § 32-35-01. A “writ of prohibition may be issued .”
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