2021 Georgia Code
Title 9 - Civil Practice
Chapter 6 - Extraordinary Writs
Article 3 - Prohibition
§ 9-6-40. Prohibition Counterpart of Mandamus

The writ of prohibition is the counterpart of mandamus, to restrain subordinate courts and inferior judicial tribunals from exceeding their jurisdiction where no other legal remedy or relief is given. The granting or refusal thereof is governed by the same principles of right, necessity, and justice as apply to mandamus; provided, however, that no writ of prohibition to compel the removal of a judge shall issue where no motion to recuse has been filed, if such motion is available, or where a motion to recuse has been denied after assignment to a separate judge for hearing.

(Orig. Code 1863, § 3136; Code 1868, § 3148; Code 1873, § 3209a; Code 1882, § 3209a; Civil Code 1895, § 4885; Civil Code 1910, § 5458; Code 1933, § 64-301; Ga. L. 2009, p. 643, § 2/HB 221.)

The 2009 amendment, effective July 1, 2009, deleted a comma following "jurisdiction" in the first sentence and added the proviso at the end of the second sentence.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Prohibition, §§ 41, 42, 57.

- 72A C.J.S., Prohibition, § 1 et seq.

- Prohibition as proper remedy to prevent enforcement of judgment which has been reversed or modified on appeal, or from which an appeal, with supersedeas or stay, is pending, 70 A.L.R. 105.

Writ of prohibition, 77 A.L.R. 245.

Right of court upon application for prohibition to consider issues of fact dehors the record in the inferior court, 99 A.L.R. 984.

Prohibition as remedy in case of defective indictment, information, or complaint, 102 A.L.R. 298.

Constitutionality of statute as proper question for determination in prohibition proceeding, 113 A.L.R. 796.

Provisional or alternative writ or order to show cause as condition of granting peremptory or absolute writ of prohibition or mandamus, 116 A.L.R. 659.

Prohibition as available remedy to restrain performance of a ministerial act by a judicial officer, 117 A.L.R. 1398.

Assumption of jurisdiction by court before completion of administrative procedure as ground of prohibition, 132 A.L.R. 738.

Other remedies as adequate or inadequate for purposes of an application for a writ of prohibition against contempt proceedings, 136 A.L.R. 715.

Adequacy of remedy by appeal in criminal cases to preclude prohibition sought on the ground of lack or loss of jurisdiction, 141 A.L.R. 1262.

Prohibition to prevent multiplicity of proceedings, 159 A.L.R. 1283.

Mandamus or prohibition as remedy to enforce right to jury trial, 41 A.L.R.2d 780.

Availability of writ of prohibition to prevent illegal or unauthorized taking of depositions, 73 A.L.R.2d 1169.

Availability of mandamus or prohibition to review order of reference to master or auditor, 76 A.L.R.2d 1120.

Prohibition as appropriate remedy to restrain civil action for lack of jurisdiction of the person, 92 A.L.R.2d 247.

Prohibition as appropriate remedy to prevent allegedly disqualified judge from proceeding with case, 92 A.L.R.2d 306.

Prohibition or mandamus as appropriate remedy to review ruling on change of venue in civil case, 93 A.L.R.2d 802.

Prohibition as appropriate remedy to restrain civil action for lack of venue, 93 A.L.R.2d 882.

Availability of mandamus or prohibition to compel or to prevent discovery proceedings, 95 A.L.R.2d 1229.

Summary judgment in mandamus or prohibition cases, 3 A.L.R.3d 675.

Judgment granting or denying writ of mandamus or prohibition as res judicata, 21 A.L.R.3d 206.

Availability of writ of prohibition or similar remedy against acts of public prosecutor, 16 A.L.R.4th 112.