Prohibition, Writ of

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Related to writ of prohibition: writ of certiorari

Prohibition, Writ of

An order from a superior court to a lower court or tribunal directing the judge and the parties to cease the litigation because the lower court does not have proper jurisdiction to hear or determine the matters before it. A writ of prohibition is an extraordinary remedy that is rarely used.

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References in periodicals archive ?
Issue a mandate in the nature of a writ of prohibition prohibiting the 3rd Respondent from functioning as Minister in charge of the subjects of Trade and Commerce;
Marty Robinson, and District Public Defender Wayne Williams petitioned the Supreme Court of Missouri for a preliminary writ of prohibition seeking to restrain the trial court judge from appointing a public defender to a case.
By 1845, when moving for the Supreme Court to issue a writ of prohibition to a district court sitting in bankruptcy, counsel noted that "in the King's Bench this would be clearly a case for a prohibition," but admitted that the Supreme Court "does not possess, in such cases, an authority coextensive with that of the King's Bench.
The matter will be sent back to the circuit court for application of the four-part balancing test--in fact, Maneke's petition for writ of prohibition asks only that the prosecutor be required to disclose the sort of information he is seeking and why it is unavailable from other sources.
46) But even if the trial courts had ruled on the constitutionality of the legislation, "a writ of prohibition is not a substitute for appeal.
The court heard the Trial Judge's petition and decided in his favor, issuing two writs, a writ of prohibition and a writ of mandamus.
Following the trial court's ruling, the Railway sought a writ of prohibition (30) that would bar "the trial court from enforcing its order granting plaintiffs' motion to add McIntosh as a defendant.
5th DCA 2008), a writ of certiorari was issued by the Fifth District to quash the circuit court's denial of a writ of prohibition sought to prevent the county court from proceeding in a putative class action.
A writ of prohibition is the "process by which a superior court prevents an inferior court .
Johnson & Johnson then petitioned the state's high court for a writ of prohibition on enforcement of that ruling, saying that the court had exceeded its powers by declining to apply the learned-intermediary doctrine.
Petersburg lawyer Matt Weidner's request for a writ of prohibition on the continued use of senior judges to handle most foreclosure cases in the Sixth Circuit.