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Missouri Revised Statutes

Mo. Rev. Stat. § 530.010 (2026)

Writ issued for what purposes

✓ current as of May 2026
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  530.010.  Writ issued for what purposes. — The remedy afforded by the writ of prohibition shall be granted to prevent usurpation of judicial power, and in all cases where the same is now applicable according to the principles of law.

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(RSMo 1939 § 1773)

Prior revisions: 1929 § 1609; 1919 § 2057; 1909 § 2622

(1972) Preliminary writ of prohibition made absolute to prohibit judge from continuing broad protective order whereby answers to interrogatories relating to gross earnings, income tax returns and net worth of defendants in action for compensatory and punitive damages were ordered sealed until submissible case was made on issue of punitive damages, and to allow the plaintiff and his counsel of record to examine answers prior to trial. State ex rel. Kubatzky v. Holt (A.), 483 S.W.2d 799.

Notes of Decisions
Cited in 24 cases, 1961–2017 · leading case: State Ex Rel. Eggers v. Enright, 609 S.W.2d 381 (Mo. 1980).
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State Ex Rel. Eggers v. Enright, 609 S.W.2d 381 (Mo. 1980). · cites it 4× “" For reasons hereinafter discussed, the extraordinary legal writ is inappropriate and the preliminary rule will be quashed.”
State Ex Rel. Shaw v. Provaznik, 708 S.W.2d 337 (Mo. Ct. App. 1986). · cites it 3× “A preliminary order of prohibition was issued on December 16, 1985, ordering respondent to refrain from all action in this cause until further order.”
Ronald Hankins v. William C. Finnel, State of Missouri, 964 F.2d 853 (8th Cir. 1992). · cites it 2× “The court concluded that Missouri law empowered it to conduct “proceedings in prohibition” under Mo.Rev. Stat. § 530.010 (1986). Id. It also cited federal case law permitting federal courts to exercise jurisdiction over nonparties that have an obligation to indemnify the…”
State Ex Rel. Noranda Aluminum, Inc. v. Rains, 706 S.W.2d 861 (Mo. 1986). · cites it 2× “" § 530.010, RSMo 1978. The constitutional grant of authority is more expansive than the statutory grant, and it gives this Court discretionary power in issuing remedial writs.”
State Ex Rel. Estill v. Iannone, 687 S.W.2d 172 (Mo. 1985). · cites it 4× “banc 1980); § 530.010, RSMo 1978. "Prohibition will lie where a right to a jury trial is improperly denied.”
State v. Burns, 994 S.W.2d 941 (Mo. 1999). · cites it 2× “See Rule 97 and section 530.010 (writ of prohibition exists to prevent the “usurpation of judicial power”); see also State ex rel.”
State Ex Rel. Hamilton v. Dalton, 652 S.W.2d 237 (Mo. Ct. App. 1983). · cites it 2× “Rule 97; § 530.010 RSMo 1978. To proceed further would be a waste of judicial effort and would involve an unrecoverable expense of both time and resources on behalf of the court and all parties.”
State Ex Rel. Sisters of St. Mary v. Campbell, 511 S.W.2d 141 (Mo. Ct. App. 1974). · cites it 2× “and Rule 97 because prohibition is to prevent usurpation of power; respondent has jurisdiction to entertain the merits of the cause, and relator’s remedy at law is adequate and effective; (2) that the entire argument of relator that the petition is in reality one of malpractice…”
State Ex Rel. Lopp v. Munton, 67 S.W.3d 666 (Mo. Ct. App. 2002). · cites it 2× “Mother alleges in her petition that Respondent lacked subject matter jurisdiction over the issue pursuant to the UC-CJA. On October 24, 2001, we issued a preliminary order in prohibition.”
State Ex Rel. McCubbin v. McMillian, 349 S.W.2d 453 (Mo. Ct. App. 1961). · cites it 2× “is to prevent usurpation of judicial power, § 530.010 RSMo 1959, V.A. M.S. Relators advance many reasons for their position that the trial court lacks jurisdiction over American’s cross-claim and over the persons of the relators.”
State Ex Rel. Martin v. Peters, 649 S.W.2d 561 (Mo. Ct. App. 1983). · cites it 2× “At a hearing on the motion before the circuit judge, the facts in substance as related above were established. The circuit judge overruled the motion and this action in prohibition followed.”
State v. Triplett, 355 S.W.3d 543 (Mo. Ct. App. 2011). · cites it 2× “The Court in Bums added that if the trial court lacked authority to dismiss the information without prejudice, the State is not utterly without recourse, citing Rule 97 and section 530.010 (involving writ practice).”
Show all 24 citing cases →
— Mo. Rev. Stat. § 530.010(D)(1)(a) — 1 case
Anderson v. Curators of the Univ. of Missouri, 103 S.W.3d 394 (Mo. Ct. App. 2003).
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