What is "writ of prohibition"

Prohibition \Pro`hi*bi"tion\, n. [L. prohibitio: cf. F. prohibition.]

1. The act of prohibiting; a declaration or injunction forbidding some action; interdict.

   The law of God, in the ten commandments, consists mostly of prohibitions.
   --Tillotson.

2. Specifically, the forbidding by law of the sale of alcoholic liquors as beverages.

   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.
   --Blackstone.

   Note: By ellipsis, prohibition is used for the writ itself.

n. a judicial writ from a higher court ordering a lower court not to exercise jurisdiction in a particular case

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 often 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.