636Judgment to obtain peremptory order

636 Judgment to obtain peremptory order

(1)  [Rule 636 Subrule (1) amended by S.R. 2011, No. 26, Applied:20 Apr 2011] The provisions of this rule apply to the return to a first order for relief similar to mandamus which was not peremptory in the first instance.

(2)  [Rule 636 Subrule (2) amended by S.R. 2011, No. 26, Applied:20 Apr 2011] If a point of law is raised in answer to a return or any other pleading for relief similar to mandamus and there is no issue of fact to be decided, the Court or a judge, on the argument of the point of law, is to give judgment for the successful party without any application for judgment being required.

(3)  The applicant may plead to the return within the same period and in the same manner as if the return were a statement of claim delivered in an action.

(4)  A pleading to the return and any subsequent proceedings, including pleadings, trial, judgment and execution, are to proceed and may be had and taken as in an action.

(5)  [Rule 636 Subrule (5) amended by S.R. 2011, No. 26, Applied:20 Apr 2011] [Rule 636 Subrule (5) amended by S.R. 2011, No. 26, Applied:20 Apr 2011] A prosecutor who obtains judgment under this rule is immediately entitled to a peremptory order for relief similar to mandamus to enforce the command contained in the original order.