Section 1 IntroductionNature and History of Writs

• Library: Remedies 2006

Unlike the federal courts and many states, Missouri permits an interlocutory appeal in only the most limited circumstances. Compare 28 U.S.C. § 1292(b); Ill. Sup. Ct. Rule 308 with § 512.020, RSMo Supp. 2005. To fill the need to obtain a definitive ruling before final judgment on issues that may be critical to the outcome of a case, the Missouri courts have expanded the reach of the writs of mandamus and prohibition (particularly the latter) beyond their historical limits. Occasionally, the Supreme Court of Missouri has harkened back to the roots of the English practice to try to cut down on the kinds of orders or actions reviewable under these extraordinary writs, see, e.g., State ex rel. Morasch v. Kimberlin, 654 S.W.2d 889 (Mo. banc 1983), but the pressure to provide an immediate review has kept them popular among lawyers. While the appellate courts grant a preliminary writ in less than ten percent of the petitions that are filed, this has not discouraged parties from seeking such relief. Accordingly, the writs of mandamus and prohibition have become the most important method...