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December 2010 CIVIL PROCEDURE Ch 1, p.71
1.1302(2) If on demand of any citizen of the state, the county attorney fails to bring the action,
the attorney general may do so, or such citizen may apply to the court where the action lies for leave
to bring it. On leave so granted, and after filing bond for costs in an amount fixed by the court, with
sureties approved by the clerk, the citizen may bring the action and prosecute it to completion.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.1303 No joinder or counterclaim. In such action there shall be no joinder of any other
claim, and no counterclaim.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.1304 Petition. The petition shall state the grounds on which the action is brought, and if it
involves an office, franchise or right claimed by others than the defendant, it shall name them; and
they may be made parties.
[Report 1943; November 9, 2001, effective February 15, 2002]
Rule 1.1305 Judgment.
1.1305(1) The judgment shall determine all rights and claims of all parties respecting the matters
involved, and shall include any provision necessary to enforce their rights as so determined, or to
accomplish the objects of the decision.
1.1305(2) The judgment shall also determine which party, if any, is entitled to hold any office in
controversy.
1.1305(3) If a party is unlawfully holding or exercising any office, franchise or privilege, or if
a corporation has violated the law by which it exists or been guilty of any act or omission which
amounts to a surrender or forfeiture of its privileges, the judgment shall remove the party from office
or franchise, or forfeit the privilege, and forbid the party to exercise or use any such office, franchise
or privilege.
1.1305(4) If a party has merely exercised powers or privileges to which that party was not entitled,
but which does not warrant forfeiture under the law, the judgment shall prohibit that party from the
further exercise thereof.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.1306 Costs.
1.1306(1) Judgment against any defendant or intervenor shall include judgment for the costs of the
action. Judgment against a pretended corporation shall assess the costs against the person or persons
acting as such.
1.1306(2) If the action fails, the court may assess the costs against any private individual who
brought it; otherwise they shall be paid as provided by the statutes governing costs in criminal cases.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.1307 Corporation dissolved. If the judgment dissolves a corporation, the court shall make
appropriate orders for the dissolution as provided by the statutes in force.
[Report 1943; November 9, 2001, effective February 15, 2002]
Rules 1.1308 to 1.1400 Reserved.
DIVISION XIV
CERTIORARI
Rule 1.1401 Certiorari petition. A party may commence a certiorari action when authorized by
statute or when the party claims an inferior tribunal, board, or officer, exercising judicial functions,
or a judicial magistrate exceeded proper jurisdiction or otherwise acted illegally.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002;
October 31, 2008, effective January 1, 2009]
Rule 1.1402 Procedure.
1.1402(1) Title. The petition shall be captioned in the name of the petitioner as plaintiff, against
the inferior tribunal, board or officer as defendant.
1.1402(2) Nature of proceeding. The action shall be by ordinary proceedings, so far as applicable.