Section 13.2 Prerequisites for Issuance of Writ

LibraryApp 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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