§ 586.12 — Issues of Fact; Trial
Plain-Language Summary
Fact issues in mandamus cases are tried in the county where the defendant lives or where the events took place. Either side can request a jury trial, and the case can be moved to a different county.
586.12 ISSUES OF FACT; TRIAL.
Issues of fact in proceedings commenced in a district court shall be tried in the county in which the defendant resides, or in which the material facts stated in the writ are alleged to have taken place. Either party shall be entitled to have any issue of fact tried by a jury, as in a civil action. In any case commenced in the supreme court or court of appeals, where there is an issue of fact, upon request of either party, that court shall transmit the record to the proper district court, which shall try the issue in the same manner as if the proceeding had been commenced there. A change of venue may be granted as in other cases.
History:
(9733) RL s 4567; 1983 c 247 s 197
History: History: (9733) RL s 4567; 1983 c 247 s 197