Rule 97 | Prohibition

First Adopted: June 05, 1980

Most Recently Effective: January 01, 1981

Rule 97 | Rules of Civil Procedure | Rules Relating to Special Actions | Prohibition

97.01 | Prohibition – General

Proceedings in prohibition in a circuit court shall be as prescribed in this Rule 97 and in this Court or the court of appeals shall be as prescribed in Rule 84.22 to Rule 84.26, inclusive, and this Rule 97. In all particulars not provided for by the foregoing provisions, proceedings in prohibition shall be governed by and conform to the rules of civil procedure and the existing rules of general law upon the subject and the court may, by order, direct the form of such further details of procedure as may be necessary to the orderly course of the action or to give effect to the remedy.

Committee Note – 1981

This is new.

Compare: Prior Rule 97.01.


(Adopted June 5, 1980, effective January 1, 1981.)

First Adopted: June 05, 1980

Most Recently Effective: January 01, 1983

Rule 97 | Rules of Civil Procedure | Rules Relating to Special Actions | Prohibition

97.02 | Form of Action – Parties

Proceedings in prohibition shall be by a civil action in which the person seeking relief is relator and the person against whom such relief is sought is respondent. If appropriate, there may be multiple relators or multiple respondents.

Committee Note – 1981

This is substantially the same as prior Rule 97.01.


(Adopted June 5, 1980, effective January 1, 1981. Amended September 10, 1982, effective January 1, 1983.)

First Adopted: June 05, 1980

Most Recently Effective: January 01, 2004

Rule 97 | Rules of Civil Procedure | Rules Relating to Special Actions | Prohibition

97.03 | Petition in Prohibition – Contents – Exhibita

Application for a writ of prohibition shall be made by filing a petition in prohibition in the appropriate court.

The petition in prohibition shall contain a statement of the facts, the relief sought, and a statement of the reasons why the writ should issue.

The petition in prohibition shall be accompanied by suggestions in support thereof.

A copy of any order, opinion, record or part thereof, document, or other item that may be essential to an understanding of the matters set forth in the petition in prohibition shall be attached as exhibits if not set forth therein. The pages of the exhibits shall be numbered consecutively.

An index of all exhibits also shall be attached. Exhibits shall be identified in the index by number or letter and page and, in addition, shall be described so that the court can distinguish the exhibits.

Committee Note – 1981

The source is prior Rule 97.02.



(Adopted June 5, 1980, effective January 1, 1981. Amended April 25, 2003, effective January 1, 2004.)

First Adopted: June 05, 1980

Most Recently Effective: January 01, 1981

Rule 97 | Rules of Civil Procedure | Rules Relating to Special Actions | Prohibition

97.04 | Grant of Preliminary Order

If the court is of the opinion that the preliminary order in prohibition should be granted, such order shall be issued.

Committee Note – 1981

The source is prior Rule 97.02.



(Adopted June 5, 1980, effective January 1, 1981.)

First Adopted: June 05, 1980

Most Recently Effective: January 01, 1983

Rule 97 | Rules of Civil Procedure | Rules Relating to Special Actions | Prohibition

97.05 | Preliminary Order – Contents – Service

The preliminary order in prohibition shall issue in the name of the state and upon the relation of the relator. The preliminary order shall order the respondent to file an answer within the time fixed by the order and may order the respondent to refrain from all action in the premises until further order. The clerk shall forthwith deliver a copy of the preliminary order, together with a copy of the petition, for service to the sheriff or other person specially appointed to serve it. Service may be made as provided in Rule 54.

Committee Note – 1981

The source is prior Rule 97.02.

See Official Form for Preliminary Order in Prohibition.



(Adopted June 5, 1980, effective January 1, 1981. Amended September 10, 1982, effective January 1, 1983.)

First Adopted: June 05, 10980

Most Recently Effective: January 01, 1983

Rule 97 | Rules of Civil Procedure | Rules Relating to Special Actions | Prohibition

97.06 | Prohibition Against Judge of Court of Record

If the preliminary order in prohibition is directed to a judge of a court of record, the clerk shall cause a copy of the preliminary order, together with a copy of the petition and any exhibits thereto, to be served on all other parties below. Service may be made as provided in Rule 43.01 or Rule 54. Any of the parties below may, within the time fixed for the respondent to answer, file an answer to the petition in prohibition or may answer jointly with the respondent or with each other.

Committee Note – 1981

This is new.

See Official Form for Preliminary Order in Prohibition.



(Adopted June 5, 1980, effective January 1, 1981. Amended September 10, 1982, effective January 1, 1983.)

First Adopted: June 05, 1980

Most Recently Effective: January 01, 1981

Rule 97 | Rules of Civil Procedure | Rules Relating to Special Actions | Prohibition

97.07 | Answer – Motions

The answer shall be directed to the petition in prohibition. The answer may included or be accompanied by one or more motions.

Committee Note – 1981

This is new and it changes the former practice of pleading to the preliminary writ of prohibition.


(Adopted June 5, 1980, effective January 1, 1981.)