Section 28 Jurisdiction of Courts to Issue Original Remedial Writs Against Administrative Agencies

• Library: Administrative Law 2011

The principal remedies applied by courts to review nonfinal administrative action in Missouri are the common-law writs
of mandamus and prohibition. Article V, § 4.1, of the Missouri Constitution explicitly grants the Supreme Court and each district of the Court of Appeals “general superintending control over all courts and tribunals” and confers power on those courts to issue and determine original remedial writs.” State ex rel. Mo. State Bd. of Pharmacy v. Admin. Hearing Comm’n, 220 S.W.3d 822, 824 (Mo. App. W.D. 2007). But most original remedial writ proceedings are filed against administrative agencies in state circuit court—particularly Cole County—where the principal offices of Missouri state agencies are located.

Article V, § 14, of the Missouri Constitution sets forth the subject matter jurisdiction of Missouri’s circuit courts in plenary terms, providing that “[t]he circuit courts shall have original jurisdiction over all cases and matters, civil and...