Chapter 530 Prohibition

530.090 - Further proceedings governed by what law.

Steven Groce, Attorney Advertisement

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

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 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 1-02-79

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 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

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 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

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. 1949 H.B. 2131)

Prior revisions: 1929 § 1613; 1919 § 2061; 1909 § 2626

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 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

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; 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.

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 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 1-02-79

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 this chapter.