Effective – 28 Aug 1939 530.010. 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. ——– (RSMo 1939 § 1773) Prior revisions: 1929 § 1609; […]
Effective – 02 Jan 1979 530.020. What courts and judges may grant writ. — 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 […]
Effective – 28 Aug 1939 530.030. Form of action — parties. — 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 […]
Effective – 28 Aug 1939 530.040. Petition — preliminary writ — proceedings. — 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 […]
Effective – 28 Aug 1949 530.050. Pleadings. — 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. […]
Effective – 28 Aug 1939 530.060. Cause to be heard, when — issues of fact, how triable. — 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 […]
Effective – 28 Aug 1939 530.070. Judgment, for what rendered — how enforced. — 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 […]
Effective – 02 Jan 1979 530.080. Motion for new trial — appeal. — 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 […]
Effective – 28 Aug 1939 530.090. Further proceedings governed by what law. — 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 […]
