[Download] "State Ex Rel. J. Patrick Chassaing V." by Supreme Court of New Mexico # Book PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. J. Patrick Chassaing V.
- Author : Supreme Court of New Mexico
- Release Date : January 22, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
This original petition for a writ of prohibition and alternative petition for a writ of mandamus arise from a contempt proceeding brought pursuant to § 536.095, RSMo 1986. Relator J. Patrick Chassaing seeks to prohibit the Honorable Thomas C. Mummert, III, from proceeding, arguing that there is no statutory basis for the contempt action; thus, the trial court lacked jurisdiction. In the alternative, relator petitions for a writ of mandamus to order respondent to afford relator discovery rights under Supreme Court Rule 25. This Court issued an alternative writ of mandamus. After briefs and oral arguments, this Court concludes that relators alternative request for a writ of mandamus should have been filed as a petition for a writ of prohibition. Determining that no prejudice will result to respondent, this Court exercises its discretion to treat relators petition as one for a writ of prohibition and orders a peremptory writ of prohibition to issue.
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