Section 13.1 Introduction—Nature and History of the Writs

• Library: App Ct Prac 2015 Supp

I. (§13.1) Introduction—Nature and History of the Writs

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) and Ill. Sup. Ct. Rule 308 with § 512.020, RSMo 2000. To fill the need to obtain a definitive ruling before final judgment on issues that may be critical to the outcome of a case, Missouri courts have expanded the reach of the writs of mandamus and prohibition (particularly the latter) beyond their historical limits. Occasionally, the Supreme Court 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 preliminary writs in very few of the petitions that are filed (about five percent by one count), this has not discouraged parties from seeking such relief. Accordingly, the writs of mandamus...