Section 7801. Nature of proceeding  


Latest version.
  • Relief previously obtained by writs of
      certiorari to review, mandamus or prohibition shall  be  obtained  in  a
      proceeding under this article. Wherever in any statute reference is made
      to  a  writ  or  order  of  certiorari,  mandamus  or  prohibition, such
      reference shall, so far  as  applicable,  be  deemed  to  refer  to  the
      proceeding  authorized  by this article. Except where otherwise provided
      by law, a proceeding under this article shall not be used to challenge a
      determination:
        1. which is not final or can be adequately reviewed  by  appeal  to  a
      court  or  to  some  other  body or officer or where the body or officer
      making the determination is expressly authorized by  statute  to  rehear
      the matter upon the petitioner's application unless the determination to
      be  reviewed  was made upon a rehearing, or a rehearing has been denied,
      or the time within which the petitioner  can  procure  a  rehearing  has
      elapsed; or
        2. which was made in a civil action or criminal matter unless it is an
      order  summarily  punishing  a contempt committed in the presence of the
      court.