636Judgment to obtain peremptory order

### 636 Judgment to obtain peremptory order > > (1)  [*\[Rule 636 Subrule (1) amended by S.R. 2011, No. 26, Applied:20 Apr 2011\]*](/view/html/inforce/2011-04-20/sr-2011-026#GS19@Hpa@EN) 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)  [*\[Rule 636 Subrule (2) amended by S.R. 2011, No. 26, Applied:20 Apr 2011\]*](/view/html/inforce/2011-04-20/sr-2011-026#GS19@Hpb@EN) 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)  [*\[Rule 636 Subrule (5) amended by S.R. 2011, No. 26, Applied:20 Apr 2011\]*](/view/html/inforce/2011-04-20/sr-2011-026#GS19@Hpd@EN) [*\[Rule 636 Subrule (5) amended by S.R. 2011, No. 26, Applied:20 Apr 2011\]*](/view/html/inforce/2011-04-20/sr-2011-026#GS19@Hpc@EN) 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.