In a special proceeding, if triable issues of fact are raised, they shall be tried forthwith; the court shall be a final determination.

In a special proceeding, if triable issues of fact are raised, they shall be tried forthwith; the court shall be a final determination.

• A. Provisional order
• B. Not final
• C. Advisory opinion
• D. Final determination by the court

Answer: (D)

When a special proceeding raises issues of fact that can be tried, the procedure is to put those factual questions to a prompt trial and then have the court render a final ruling on the matter. The language “shall be tried forthwith” means the case moves quickly to a factual hearing, and the outcome is a final determination by the court after that trial. This distinguishes it from provisional or interim orders, which are temporary, and from advisory opinions, which are non-binding and do not decide the merits after a trial. So the best fit is a final determination by the court, reflecting a full, conclusive decision after trial on the disputed facts.

When a special proceeding raises issues of fact that can be tried, the procedure is to put those factual questions to a prompt trial and then have the court render a final ruling on the matter. The language “shall be tried forthwith” means the case moves quickly to a factual hearing, and the outcome is a final determination by the court after that trial. This distinguishes it from provisional or interim orders, which are temporary, and from advisory opinions, which are non-binding and do not decide the merits after a trial. So the best fit is a final determination by the court, reflecting a full, conclusive decision after trial on the disputed facts.