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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : STATUTORY ACTIONS AND TORTS
Chapter : Chapter 530 Prohibition
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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. (RSMo 1939 § 1773)
Prior revisions: 1929 § 1609; 1919 § 2057; 1909 § 2622
(1972) Preliminary writ of prohibition made absolute to prohibit judge
from continuing broad protective order whereby answers to interrogatories
relating to gross earnings, income tax returns and net worth of
defendants in action for compensatory and punitive damages were ordered
sealed until submissible case was made on issue of punitive damages, and
to allow the plaintiff and his counsel of record to examine answers prior
to trial. State ex rel. Kubatzky v. Holt (A.), 483 S.W.2d 799.
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. (RSMo 1939 § 1774, A.L.
1973 S.B. 263, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1610; 1919 § 2058; 1909 § 2623
Effective 1-2-79
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. (RSMo
1939 § 1775)
Prior revisions: 1929 § 1611; 1919 § 2059; 1909 § 2624
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 party as the court or a
judge thereof in vacation, may order.
2. And if upon such hearing the petition be held sufficient in law, and
be supported by some persuasive evidence of its truth, the court, or
judge in vacation, may, upon such terms as may be just, make a
preliminary rule or order upon the defendant to show cause to the court
upon a specified day why a final judgment in prohibition should not be
entered, and commanding the defendant, if deemed necessary, to meanwhile
refrain from all action in the premises until further order.
3. And such rule or order shall be served upon the defendant before the
return day, in the mode provided for the service of process in other
civil actions, unless otherwise prescribed by the court or judge, and a
failure to obey such rule or order shall subject the defendant to the
penalties of contempt. (RSMo 1939 § 1776)
Prior revisions: 1929 § 1612; 1919 § 2060; 1909 § 2625
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. (RSMo 1939 § 1777, A. 1949 H.B. 2131)
Prior revisions: 1929 § 1613; 1919 § 2061; 1909 § 2626
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 referee as provided by law, if
deemed more convenient to the parties or the court; and in such event, a
return of the proceedings of such trial shall be made to the appellate
court, in such manner and time as the orders of the latter may require.
(RSMo 1939 § 1778)
Prior revisions: 1929 § 1614; 1919 § 2062; 1909 § 2627
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 in civil actions. (RSMo 1939 §
1779)
Prior revisions: 1929 § 1615; 1919 § 2063; 1909 § 2628
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 of the proceedings in
question, until such appeal be determined. (RSMo 1939 § 1780, A. 1949
H.B. 2131, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1616; 1919 § 2064; 1909 § 2629
Effective 1-2-79
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 further details of procedure as may be
necessary to the orderly course of the case, or to give effect to said
remedy, in accordance with the general principles of law upon the
subject. (RSMo 1939 § 1781)
Prior revisions: 1929 § 1617; 1919 § 2065; 1909 § 2630
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