Rule 1098 - Peremptory Judgment In Actions In Mandamus(a) A plaintiff in an action in mandamus seeking a peremptory judgment shall do so by motion and in compliance with the notice provision of Lacka. Co. R.C.P. 206.1(c), unless the urgency of the case is such as to require action before notice can reasonably be given.(b) The court at the time such motion is presented shall determine whether the motion can be acted upon forthwith or whether it requires additional consideration. If additional consideration is required, the court shall schedule presentation of any documentary or testimonial evidence which it desires as soon as practicable and shall thereafter rule on said motion and either grant or deny peremptory judgment.(c) The pendency of a motion for peremptory judgment in a mandamus action does not excuse or relax the defendant's responsibility to timely file a responsive pleading to the plaintiff's complaint.Amended effective November 2014.