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- Chapter 13 Writs of Mandamus and Prohibition
Section 13.2 Prerequisites for Issuance of Writ
Library | App Ct Prac 2015 Supp |
A. (§13.2) Prerequisites for Issuance of Writ
The writ of mandamus is more rarely granted than the writ of prohibition because its purpose is to compel a specific person or entity to perform a specified act. In that regard, it represents the exercise of the most “raw judicial power” in the court’s arsenal. State ex rel. Kelley v. Mitchell, 595 S.W.2d 261, 266 (Mo. banc 1980). Mandamus resembles a mandatory injunction in effect, but rather than being based on the equities of the situation, the right to a writ of mandamus is dependent on a showing that the relator has a clearly established, presently existing right to the relief sought.
This principle carries with it several corollaries: Mandamus cannot be used to compel a person to perform an act that is...
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- Chapter 13 Writs of Mandamus and Prohibition
- Section 13.1 Introduction—Nature and History of the Writs
- Section 13.2 Prerequisites for Issuance of Writ
- Section 13.3 Parties
- Section 13.4 Presently Existing, Clearly Established Right
- Section 13.5 Lack of Adequate Remedy and Effectiveness of Remedy
- Section 13.6 Statutes Authorizing Mandamus as a Remedy
- Section 13.7 Statutory or Constitutional Rights
- Section 13.8 Administrative Law
- Section 13.9 Control of Judicial Proceedings
- Section 13.10 Introduction
- Section 13.11 Subject Matter or Personal Jurisdiction
- Section 13.12 Venue
- Section 13.13 Acting in Excess of Jurisdiction or Authority (New Title)
- Section 13.14 No Adequate Remedy by Appeal
- Section 13.15 Prevention of Useless and Unwarranted Litigation
- Section 13.16 Circuit Court
- Section 13.17 Appellate Courts
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