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December 2010 CIVIL PROCEDURE Ch 1, p.73
Rule 1.1409 Defective return. If the return is defective, the court issuing the writ, on the court’s
own motion or that of any party, may order a further return. The court may compel obedience to the
writ or to such order by attachment or citation for contempt.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002;
October 31, 2008, effective January 1, 2009]
Rule 1.1410 Hearing. When full return has been made, the court shall fix a time and place for
hearing. In addition to the record made by the return, the court may receive any transcript or recording
of the original proceeding and such other oral or written evidence explaining the matters contained
in the return. Unless otherwise specially provided by statute, such transcript, recording, or additional
evidence shall be considered only to determine the legality of the proceedings or the sufficiency of
the evidence before the original tribunal, board, officer, or magistrate.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002;
October 31, 2008, effective January 1, 2009]
Rule 1.1411 Judgment. Unless otherwise provided by statute, the judgment on certiorari shall be
limited to annulling the writ or to sustaining it, in whole or in part, to the extent the proceedings below
were illegal or in excess of jurisdiction. The judgment shall prescribe the manner in which either party
may proceed, and shall not substitute a different or amended decree or order for that being reviewed.
[Report 1943; November 9, 2001, effective February 15, 2002; October 31, 2008, effective January 1, 2009]
Rule 1.1412 Appeal. An appeal from an order or judgment of the district court in a certiorari
proceeding is governed by the rules of appellate procedure applicable to appeals in ordinary civil
actions. An appeal is discretionary when the order or judgment sought to be reviewed is itself a
discretionary review of another tribunal, board, officer, or magistrate.
[Report 1943; December 28, 1993, effective March 1, 1994; November 9, 2001, effective February 15, 2002;
October 31, 2008, effective January 1, 2009]
Rules 1.1413 to 1.1500 Reserved.
DIVISION XV
INJUNCTIONS
Rule 1.1501 Independent or auxiliary remedy. An injunction may be obtained as an independent
remedy by an action in equity, or as an auxiliary remedy in any action. In either case, the party
applying therefor may claim damages or other relief in the same action. An injunction may be granted
as part of the judgment; or may be granted by order at any prior stage of the proceedings, and is then
known as a temporary injunction.
[Report 1943; November 9, 2001, effective February 15, 2002]
Rule 1.1502 Temporary; when allowed. A temporary injunction may be allowed under any of the
following circumstances:
1.1502(1) When the petition, supported by affidavit, shows the plaintiff is entitled to relief which
includes restraining the commission or continuance of some act which would greatly or irreparably
injure the plaintiff.
1.1502(2) Where, during the litigation, it appears that a party is doing, procuring or suffering to
be done, or threatens or is about to do, an act violating the other party’s right respecting the subject
of the action and tending to make the judgment ineffectual.
1.1502(3) In any case specially authorized by statute.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.1503 Endorsing refusal. A court, or justice of the supreme court, refusing a temporary
injunction shall endorse the refusal on the petition therefor.
[Report 1943; November 9, 2001, effective February 15, 2002]