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Topic: Prohibition writ

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	Litigation Documents: Florida: Petition For Writ Of Prohibition
		Petitioner seeks issuance of a writ of prohibition directed to the trial court, which prevents the trail court from proceeding with trial of this case prior to the actual identification of each individual Medicaid recipient for which the State made expenditures and is seeking recovery.
		Indeed, this application for a writ of prohibition is no different from an application for a writ of prohibition to prohibit a trial in violation of the speedy trial rule.
		Accordingly, this Court should issue a writ of prohibition, preventing the trial court from proceeding with the trial of this case before the State identifies each individual Medicaid recipient for which the State made expenditures and is seeking recovery.
	www.library.ucsf.edu /tobacco/litigation/fl/flwritofprohibition.html (4768 words)

	02-1214
		Prohibition was a proper remedy in that case because the statute of limitations for wrongful death is jurisdictional.
		Ordinarily, a petition for a writ of prohibition is not the proper remedy for the failure of a trial court to grant a motion to dismiss.
		Partain, 272 Ark. 400, 614 S.W.2d 671 (1981), as precedent for the issuance of writs of prohibition in discovery disputes.
	courts.state.ar.us /opinions/2003b/20031218/02-1214.html (3929 words)

	OSCN Found Document:STATE EX REL. v. LACKEY (Site not responding. Last check: 2007-10-20)
		A writ of prohibition is a common-law writ, as a writ of prohibition is not mentioned in Oklahoma statutes.
		Writ of prohibition may not issue to prevent inferior court from erroneously exercising jurisdiction, but only to prohibit proceedings as to which inferior tribunal is wholly without jurisdiction, or threatens to act in excess of jurisdiction.
		BRETT, J. This is a petition for a writ of prohibition brought by Honorable Jerome J. Waters, warden of the State Penitentiary at McAlester, Oklahoma, to prohibit the Honorable W.A. Lackey, Judge of the district court of Pittsburg county, Oklahoma, for usurping and exercising unauthorized jurisdiction.
	www.oscn.net /applications/oscn/DeliverDocument.asp?citeID=60080 (2291 words)

	ipedia.com: Prohibition Article (Site not responding. Last check: 2007-10-20)
		Prohibition was the period between 1919-1932 in Finland, between 1900 and 1948 in locations in Canada and between 1919 and 1933 in the United Sta...
		Prohibition was the period between 1919-1932 in Finland (called 'kieltolaki'), between 1900 and 1948 in locations in Canada and between 1919 and 1933 in the United States when the manufacture, transportation, import, export, and sale of alcoholic beverages was prohibited.
		Canadian prohibition was enforced by a set of provincial laws that were passed by the various provinces during the first twenty years of the 1900s.
	www.ipedia.com /prohibition.html (1137 words)

	02-475
		Therefore, where the petitioner alleges thatthe underlying order is void, a writ of prohibition is the appropriate vehicle to challenge a subsequent order for the petitioner to show cause why he or she should not be held in contempt.
		The majority's statement that "[a] writ is the appropriate vehicle to challenge a show-cause order where the petitioner alleges that the contempt proceedings are based on a void order," has the effect of extending the time for an appeal and expanding the use of a writ of prohibition.
		By stating that a writ of prohibition is the appropriate vehicle in the present case, the majority isexpanding the applicability of the writ of prohibition.
	courts.state.ar.us /opinions/2002b/20021219/02-475.html (2945 words)

	Search Encyclopedia.com
		writ writ, in law, written order issued in the name of the sovereign or the state in connection with a judicial or an administrative proceeding.
		Usually the writ requires the person to whom the command is issued to report at a fixed time (the return day) with proof of compliance or a justification for disobedience.
		Prohibition party Prohibition party, in U.S. history, minor political party formed (1869) for the legislative prohibition of the manufacture, transportation, and sale of alcoholic beverages.
	www.encyclopedia.com /searchpool.asp?target=Prohibition+(writ) (520 words)

	WD61514: State of Missouri ex rel. AG Processing Inc., Friskies Petcare Division of Nestle, Inc., Wire Rope Corporation ... (Site not responding. Last check: 2007-10-20)
		The judgment of the circuit court is reversed, and the cause is remanded to the circuit court with directions to quash the writ of prohibition and dismiss the petition with prejudice.
		The power to issue a writ of prohibition is limited to correction or limitation of an inferior court or agency that is acting without, or in excess of, its jurisdiction.
		W.D. A writ of prohibition does not issue as a matter of right, and whether a writ should be issued in a particular case is a question left to the sound discretion of the court to which the application is made.
	www.osca.state.mo.us /courts/pubopinions.nsf/0/1bfdf053ca725c4786256cfc0053588e?OpenDocument (2356 words)

	Prohibition (Site not responding. Last check: 2007-10-20)
		A writ of prohibition is an order issued by a higher court to a lower court, administrative agency or public officer to prevent the lower court, administrative agency or public officer from either exercising jurisdiction when the defendant has no jurisdiction or from exceeding the defendant's jurisdiction.
		The writ is directed to the judge or the officer of the lower court or agency.
		Advance notice of the intention to file a petition for writ of prohibition must be given to the defendant, and the opposing party in the underlying lawsuit as well.
	www.mobar.org /handbook/prohibition.htm (611 words)

	21590-3-III - Friends of Swinyard Park v. City of Deer Park File Date: 12/09/2003
		A writ of prohibition may be invoked to prohibit judicial, legislative, executive, or administrative acts if the official or body to whom it is directed is acting in excess of its power.
		A writ of prohibition is the counterpart to a writ of mandamus.
		A writ of mandamus is an appropriate response to compel a state official to comply with the law when the claim is clear and there is a duty to act, but mandamus is not proper to compel a discretionary act.
	www.mrsc.org /mc/courts/slip/appellate/215903MAJ.htm (4113 words)

	Untitled Document (Site not responding. Last check: 2007-10-20)
		The writ of certiorari and writ of prohibition should be denied.
		When a petition for writ of certiorari is filed in the circuit court to review a decision by a local administrative body, the circuit court must determine whether: (1) the parties received due process of law; (2) the order meets the essential requirements of law; and (3) the order is supported by competent substantial evidence.
		A Writ of prohibition can be used to review the denial of a motion to disqualify the judge presiding over the proceedings in the lower tribunal.
	www.paperst.com /elaw/sCRIMCRT2.html (959 words)

	OSCN Found Document:NIEMAN & NORTHCUTT v. MAINS
		In the prayer of the petition, Mains prayed for a writ of prohibition, and further, that if he was not entitled to prohibition, he have such relief as he should show himself entitled to in equity.
		Prohibition is the remedy where an inferior court assumes to exercise judicial power not granted by law or to make an unauthorized application of judicial force.
		Appellants have responded to this by urging that although evidence was taken, the ruling of the trial court was upon the issues presented by the pleadings, or the record, and amounted in effect to the ruling upon a demurrer to the petition, and for these reasons no motion for new trial was necessary.
	www.oscn.net /applications/oscn/DeliverDocument.asp?citeID=12824 (972 words)

	26 Wn.2d 740, THE STATE OF WASHINGTON, on the Relation of Western Canadian Greyhound Lines, Limited, Plaintiff, v. THE ...
		The fact that, in both an application for a writ of prohibition and the brief in support thereof, it is made to appear with sufficient clearness what questions are presented, is a substantial compliance with Rule of Supreme Court 16, 18 Wn.
		Hence, two factors are necessary to the issuance of the writ; absence or excess of jurisdiction, and absence of an adequate remedy in the ordinary course of the law.
		In granting a writ of prohibition restraining the superior court from proceeding with the case, we held that relator was not transacting business in King county, and that service of summons was not had upon a proper agent of relator.
	www.mrsc.org /mc/courts/supreme/026wn2d/026wn2d0740.htm (5946 words)

	[No title]
		The suggestion that a writ of prohibition suddenly becomes available and proper upon denial of a motion for a stay is baseless.
		The sum of these principles is that the writ of prohibition is “not to be used as a substitute for appeal.” Friend’s Virginia Pleading and Practice § 33-1(b), at 265 (1998).
		And Gorrell itself held only that the writ of prohibition could issue in that case because it would, unlike a writ of error, avoid “the delay and interruption of a necessary public work [the construction of public property].” 1871 WL 4860, at *20.
	dlsgis.state.va.us /ref/ProhibitionResponse5-1-02.doc (1517 words)

	Converted WP file /web/download/n/opinion/Holding/01sc-009
		The Governor seeks the writ of prohibition by arguing that Judge Shuler was without jurisdiction to issue the injunction because the Governor was not a party to the extradition matter and because the district court was deprived of jurisdiction once Mr.
		The writ of superintending control is not hampered by the same limitations as a writ of prohibition.
		The Governor's Petition for a Writ of Superintending Control is granted and the injunction prohibiting the use of the Governor's warrant is dissolved.
	www.supremecourt.nm.org /pastopinion/VIEW/01sc-009.html (3668 words)

	Australian Public Law (Site not responding. Last check: 2007-10-20)
		Prohibition, on the other hand, lies only for actual or threatened excess of power, but is not available in respect of non-jurisdictional error of law on the face of the record.
		In deciding whether writs of prohibition and certiorari (and analogous forms of relief) should be granted, a distinction is drawn between jurisdictional error and error within jurisdiction.
		Both writs also traditionally issued in respect of administrative decisions taken at the local government level but, as Aronson and Dyer observe, the people exercising local government power in the UK in the 19th-century were initially justices of the peace, so that this sort of administration may have been seen as having a judicial flavour.
	www.ntu.edu.au /faculties/lba/schools/Law/apl/Administrative_Law/remedies.htm (10217 words)

	Foundation for Independent Living, et al. v. Cabell-Huntington Bd. of Health, No. 31120
		The K-C Board sought to dissolve the preliminary injunction by petitioning for a writ of prohibition with this Court.
		Dryden's contention that a writ of prohibition should not issue in the Kanawha-Charleston case because the lower court correctly concluded that smoking regulations are not applicable to establishments holding retail liquor licenses because they have been legislatively designated private rather than public places.
		In the Kanawha-Charleston case, we grant the writ of prohibition, as moulded.
	www.state.wv.us /wvsca/docs/fall03/31120.htm (6682 words)

	Davis v. O'Keefe, 283 N.W.2d 73 (N.D. 1979)
		Thomas D. Davis, an enrolled member of the Turtle Mountain Band of Chippewa Indians, seeks a writ of prohibition from this court to restrain the district court of Rolette County from prosecuting him for the offense of terrorizing under § 12.1-17-04, NDCC.
		Davis then petitioned the district court for a writ of habeas corpus on the same grounds as were considered by the Rolette County Justice Court on the motion to dismiss.
		By refusing to grant the writ of prohibition, our court does not resolve the issue, in any manner, of the lawfulness of the arrest or the lawfulness of the extradition by state officials.
	www.court.state.nd.us /court/opinions/676.htm (1267 words)

	Carlsmith v. Radius (Order Denying Petition for Writ of Prohibition or, in the Alternative, for Writ of Mandamus, ...
		A writ of mandamus and/or prohibition is an extraordinary remedy that will not issue unless the petitioner demonstrates a clear and indisputable right to relief and a lack of other means to adequately redress the alleged wrong or obtain the requested action.
		Such writs are not meant to supersede the legal discretionary authority of the lower courts, nor are they meant to serve as legal remedies in lieu of normal appellate procedures.
		Petitioner Carl Duane Carlsmith fails to demonstrate that he is entitled to a writ of prohibition or a writ of mandamus.
	www.state.hi.us /jud/26493ord.htm (318 words)

	WRITS OF MANDATE AND PROHIBITION (Site not responding. Last check: 2007-10-20)
		The authority of the Supreme Court to issue writs in aid of its appellate jurisdiction is Appellate Rule 4(B) and Appellate Rule 8 The authority of the Court of Appeals to issue writs in aid of its appellate jurisdiction is Appellate Rule 8.
		It must be accompanied by a petition for emergency writ demonstrating that a writ must be issued to maintain the status quo and prevent irreparable injury until the application can be heard.
		The Emergency Writ operates as a temporary stay of the trial court proceedings until the Supreme Court hears and rules upon the original action application.
	www.in.gov /judiciary/rules/orig_act (3869 words)

	Writ of prohibition - Definition of Writ of prohibition - Writ of prohibition in Encyclopedia - DictionaryWords.net (Site not responding. Last check: 2007-10-20)
		Writ of prohibition - Definition of Writ of prohibition - Writ of prohibition in Encyclopedia - DictionaryWords.net
		The act of prohibiting; a declaration or injunction forbidding some action; interdict.
		[1913 Webster] Writ of prohibition (Law), a writ issued by a superior tribunal, directed to an inferior court, commanding the latter to cease from the prosecution of a suit depending before it.
	www.dictionarywords.net /find/word/Writ+of+prohibition (131 words)

	Writ of Prohibition
		In support of this writ, the Relator states: 1) Relator, Marc Perkel, (hereafter referred to as I or Me) is the plaintiff in Greene County lawsuit #197CC0170 filed on 01-15-97 and amended of 06-02-97.
		Thus the representation by Wear and Sharp is prohibited on the basis of Rule 1.7 this representation "forecloses alternatives that would otherwise be available to the client." And it is a conflict because, "The lawyers own interests should not be permitted to have and adverse effect on the representation of a client." Because Ms.
		Counsel could have avoided this possibility by adhering to the ethical prohibitions." It is clear to me that a jury would be confused by the multiple roles of the lawyers as advocates, witnesses, codefendants.
	www.perkel.com /pbl/married/state1/prohib.htm (2649 words)

	Knight v State ex Rel Brief of Appellant
		ASSIGNMENTS OF Superior court erred in failing to grant a writ of prohibition where it is shown that service of papers were made upon the appellant while he was in the King County Courthouse for the sole purpose of attending a hearing in a criminal case where he was required to attend as a defendant.
		Knight filed the Application for Statutory Writ of Prohibition, Sub No. 1, CP 1-8 and the Declaration of Roger W. Knight in Support of Application for Statutory Writ of Prohibition (Knight Declaration I), Sub.
		As such a writ is available in Oklahoma to prohibit a court from imposing a prior restraint on protected speech, it follows that a writ of prohibition is available in Washington to prohibit the use of contempt proceedings to punish protected speech or previous litigation success.
	www.antipeonage.0catch.com /54518-3brief.htm (8160 words)

	Gutsy NY Editor Section - Court Watchers Alliance (Site not responding. Last check: 2007-10-20)
		RELATOR’S PETITION FOR WRIT OF This is an action for a writ of Prohibition to prevent Respondents from further engaging in certain conduct as set forth herein Relator’s Memorandum In Support follows.
		In addition to this court’s jurisdiction to issue a writ of prohibition, it also has plenary power, not only to prevent excesses of lower tribunals, but to correct the results thereof and to restore the parties to the same position they occupied before the illegal excesses took place.
		WHEREFORE, Relator petitions this Court for a Writ of Prohibition restraining and prohibiting Respondents from discharging their duties until compliance with the Rules for the Superintendence of the Courts of Ohio for Assignment of Judges is had.
	www.courtwatchers.org /BOBREALTOR.htm (1323 words)

	Canton, OH Refuses to Comply with State Order to Flouridate
		The demurrer is sustained [*3] and the writ** is denied.
		Relator contends that a peremptory writ of mandamus should issue today because his right to command the execution of the act as requested in his application for the writ is plain, and no legitimate excuse can be given for nonperformance.
		This court has held that before a writ of mandamus will be granted by the Supreme Court, under its constitutional powers as contained in Section 2 of Article IV of the [*83] Constitution of Ohio, n1 a clear legal right thereto must be demonstrated.
	www.actionpa.org /fluoride/lawandcourts/oh-canton-refuses-to-fluoridate.html (7051 words)

	Writ of Prohibition - To the Government of the United States Demanding a Total halt to it's illegal occupation of the ...
		Writ of Prohibition - To the Government of the United States Demanding a Total halt to it's illegal occupation of the Kingdom of Hawaii
		I don't know if you received my e-mail, but we really need to specify the fact that the Writ to the U.S. government was the Kings action to protect the people from the Akaka Bill.
		That's what those numbers on the caption are, the writ was issued to prohibit the U.S.A. government from "any further action" on that bill until they prove jurisdiction (they have 30 days).
	www.freehawaii.org /writofproh.html (2570 words)

	Martin Lindstedt's Jailhouse Papers: April 2 - May 1, 1996 (Site not responding. Last check: 2007-10-20)
		The purpose of a writ of prohibition according to RSMo 530.010 is to prevent usurpation of judicial power.
		Any Writ of Prohibition which shall ensue shall be against Respondent throwing Relator into jail for contempt or collecting an illegal fine arising from a bogus trial which should not have taken place.
		Petitioner is asking this higher court for this writ because both the 29th Circuit and Missouri Court of Appeals are fully aware of Petitioner's incarceration and have refused to issue writ without petition as is their duty under Rule 91.6 and RSMo 532.070.
	www.martinlindstedt.org /jltmindx.html (4257 words)

	MSN Encarta - Search Results - writ of prohibition
		Writ, in law, documentary court orders issued to authorize actions in specific legal situations.
		Prohibition, legal ban on the manufacture and sale of intoxicating drink; by extension, the term also denotes those periods in history when such bans...
		Exclusively for MSN Encarta Premium Subscribers--quickly search thousands of articles from magazines such as Time, Newsweek, The Atlantic Monthly, and Smithsonian.
	ca.encarta.msn.com /writ_of_prohibition.html (84 words)

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