Writ issued for what purposes
The remedy afforded by the writ of prohibition shall be granted to prevent usurpation of judicial power, and in all cases where the same is now applicable according to the principles of law.
Missouri · statute · Mo. Rev. Stat. ch. 530 · 9 active provisions
The remedy afforded by the writ of prohibition shall be granted to prevent usurpation of judicial power, and in all cases where the same is now applicable according to the principles of law.
The supreme court, and each division thereof, the court of appeals and the circuit courts, within their several jurisdictions, and also the judges of the supreme court and court of appeals and circuit judges to the extent herein provided in this chapter, shall have power to hear and determine proceedings in prohibition…
The proceedings for this remedy shall be by a civil action, in which the moving party is plaintiff and the adverse party defendant, and shall otherwise conform, as nearly as practicable, to the code of civil practice, except as otherwise specially provided in this chapter.
1. Applications for the remedy of prohibition shall not be joined with any other or different cause of action, and shall be made by petition, in which the substantive facts relied upon shall be stated and such petition shall be heard in the first instance, on presentation, summarily, or upon such notice to the adverse…
The defendant may direct a motion to the petition or make return to the preliminary order, and when the return is made the plaintiff may plead thereto, if desired, by way of reply, within such time as the court may direct.
The cause shall be heard as soon as practicable after the issues are joined, and shall be triable in the same manner as other civil cases, except that in any of the appellate courts the latter may direct any specific issue or issues of fact to be tried in some circuit court, or before some judge thereof, or before a re…
Upon a hearing, the court in term may render final judgment on the merits and for the costs, as the facts may warrant, and may award and enforce full relief, conformable to the principles of law heretofore governing the remedy by prohibition, and such judgments may further be enforced in like manner as other judgments…
Any final judgment in prohibition shall be reviewable by a motion for a new trial, and by appeal, as in other civil actions; but in the case of an appeal from the judgment of any circuit court imposing a prohibition, the appeal shall not operate to discontinue or in any wise affect the force of the judgment as a stay o…
In all particulars not provided for in the foregoing sections of this chapter, proceedings in prohibition shall be governed and continued in accordance with the existing rules of general law upon the subject, and the courts empowered to grant such remedy are authorized, by proper orders, to direct the form of such furt…