Idaho Code
Idaho Code

Idaho Code § 7-401 (2026)

Definition. 

✓ current as of May 2026
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Definition. 

The writ of prohibition is the counterpart of the writ of mandate. It arrests the proceedings of any tribunal, corporation, board or person, when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation, board or person.

Notes of Decisions
Cited in 29 cases (3 in the last 5 years), 1950–2026 · leading case: Rufener v. Shaud, 573 P.2d 142 (Idaho 1977).
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Rufener v. Shaud, 573 P.2d 142 (Idaho 1977). · cites it 8× “I.C. § 7-401. The magistrate clearly had jurisdiction.”
State v. Dist. Court, 152 P.3d 566 (Idaho 2007). · cites it 4× “" I.C. § 7-401; I.C. § 7-302 (writ of mandate); Rim View Trout Co.”
State v. Alanis, 712 P.2d 585 (Idaho 1985). · cites it 4× “It arrests the proceedings of any tribunal, corporation, board or person, when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation, board or person. I.C. § 7-303 provides: The writ (of mandate) must be issued in all cases where there is…”
Crooks v. Maynard, 732 P.2d 281 (Idaho 1987). · cites it 4× “I.C. §§ 7-401, -402. In her Amended Petition for Alternative Writ of Prohibition, Clerk Crooks requested that Judge Maynard be restrained from enforcing his orders of April 23 and May 15, 1985, forbidding Brenda Holmes or any other person from acting as a deputy clerk without…”
Asson v. City of Burley, 670 P.2d 839 (Idaho 1983). · cites it 4× “5, § 9 and I.C. §§ 7-401, 402, to prevent the respondent cities from raising municipal electric rates to cover their payment obligations.”
Clark v. Ada Cnty. Bd. of Commissioners, 572 P.2d 501 (Idaho 1977). · cites it 4× “The function of a writ of prohibition and the circumstances in which it is appropriate are generally set out in Title 7, Chapter 4 of the Idaho Code. As therein defined, a writ of prohibition is an extraordinary writ issued to arrest the proceedings of a tribunal, corporation,…”
Engelking v. Inv. Bd., 458 P.2d 213 (Idaho 1969). · cites it 4× “Therefore, we hold that Sections 9(6) and 9(8) of S.”
Idaho Cnty. Prop. Owners Ass'n v. Syringa Gen. Hosp. Dist., 805 P.2d 1233 (Idaho 1991). · cites it 4× “I.C. § 7-401. Stein v. Morrison, 9 Idaho 426 , 75 P.”
Coeur D'Alene Turf Club, Inc. v. Cogswell, 461 P.2d 107 (Idaho 1969). · cites it 4× “I.C. § 7-401. The writ may issue when there is not a plain, speedy and adequate remedy in the ordinary course of law.”
Sierra Life Ins. v. Granata, 586 P.2d 1068 (Idaho 1978). · cites it 2× “I.C. § 7-401. On the other hand, in the particular case, the effectiveness of a genuine administrative proceeding involving discretionary decisions by the administrative agency in the field of its expertise or specialization might be destroyed if a violation of the exhaustion…”
Briggs v. Golden Valley Land & Cattle Co., 546 P.2d 382 (Idaho 1976). · cites it 3× “However, even though Cassia County was a proper venue to consider a writ of prohibition, that does not necessarily mean that the district court has authority under I.C. § 7-401 to issue such a writ on the record which is before this Court.”
Henry v. Ysursa, 231 P.3d 1010 (Idaho 2008). · cites it 2× “In what sense, then, is the word ‘counterpart’ employed in the first clause of the section [identical to I.C. § 7-401]? As it cannot be given the meaning of the exact reverse or opposite without doing away with the limitation contained in the second clause, whereby prohibition…”
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