A writ of prohibition is a writ directing a subordinate to stop doing something the law prohibits. In practice, the Court directs the Clerk to issue the Writ, and directs the Sheriff to serve it on the subordinate, and the Clerk prepares the Writ and gives it to the Sheriff, who serves it. This writ is normally issued by a superior court to the lower court asking it not to proceed with a case which does not fall under its jurisdiction.
These Writs are issued as "alternative" or "peremptory." An alternative Writ directs the recipient to immediately act, or desist, and "Show Cause" why the directive should not be made permanent. A peremptory Writ directs the recipient to immediately act, or desist, and "return" the Writ, with certification of its compliance, within a certain time.
When an agency of an official body is the target of the Writ of Prohibition, the Writ is directed to the official body over which the court has direct jurisdiction, ordering the official body to cause the agency to desist.
Although the rest of this article speaks to judicial processes, a writ of prohibition may be directed by any court of record (i.e., higher than a misdemeanor court) toward any official body, whether a court or a county, city or town government, that is within the court's jurisdiction.
Read more about Writ Of Prohibition: In The United States, In India
Famous quotes containing the words writ and/or prohibition:
“For there was never yet philosopher
That could endure the toothache patiently,
However they have writ the style of gods
And made a push at chance and sufferance.”
—William Shakespeare (1564–1616)
“He had never learned to live without delight. And he would have to learn to, just as, in a Prohibition country, he supposed he would have to learn to live without sherry. Theoretically he knew that life is possible, may be even pleasant, without joy, without passionate griefs. But it had never occurred to him that he might have to live like that.”
—Willa Cather (1873–1947)