Mont. Code Ann. » TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS · CHAPTER 27. WRIT OF PROHIBITION · Part 1. General Provisions
Montana Code Annotated

Mont. Code Ann. § 27-27-101 (2026)

Definition And Function Of Writ Of Prohibition

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 27
  3. CHAPTER 27
  4. Part 1
  5. 27-27-101 Definition and function of writ of prohibition

TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 27. WRIT OF PROHIBITION

Part 1. General Provisions

Definition And Function Of Writ Of Prohibition

27-27-101. Definition and function of writ of prohibition. The writ of prohibition is the counterpart of the writ of mandate. It arrests the proceedings of any tribunal, corporation, board, or person exercising judicial functions when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation, board, or person.

History: En. Sec. 561, p. 184, L. 1877; re-en. Sec. 561, 1st Div. Rev. Stat. 1879; re-en. Sec. 579, 1st Div. Comp. Stat. 1887; amd. Sec. 1980, C. Civ. Proc. 1895; re-en. Sec. 7227, Rev. C. 1907; re-en. Sec. 9861, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1102; re-en. Sec. 9861, R.C.M. 1935; R.C.M. 1947, 93-9201; amd. Sec. 14, Ch. 3, L. 1985.

Notes of Decisions
Cited in 16 cases (2 in the last 5 years), 1982–2026 · leading case: State Ex Rel. Shea v. Jud. Standards Comm'n, 643 P.2d 210 (Mont. 1982).
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State Ex Rel. Shea v. Jud. Standards Comm'n, 643 P.2d 210 (Mont. 1982). · cites it 6× “A writ of prohibition may issue from the Supreme Court or the District Court to any tribunal, whether exercising judicial or ministerial functions, when the proceedings are without or in excess of the jurisdiction of the tribunal.”
Stephens v. Fourth Jud. Dist. Court, 2006 MT 21 (Mont. 2006). · cites it 3× “Section 27-27-101, MCA. The District Court lacks subject matter jurisdiction over the parenting plan and child custody matters at issue in this case pursuant to the terms of the UCCJEA and Montana law.”
Int'l Bhd. of Elec. Workers v. Montana Power Co., 929 P.2d 839 (Mont. 1996). · cites it 10× “The writ of prohibition is defined by statute in § 27-27-101, MCA, as follows: Definition and function of writ of prohibition.”
Braach v. Graybeal, 1999 MT 234 (Mont. 1999). · cites it 4× “§§ 27-27-101, MCA, et seq. and §§ 27-19-101, MCA, et seq.”
Awareness Grp. v. Bd. of Trs. of Sch. Dist. No. 4, 795 P.2d 447 (Mont. 1990). · cites it 5× “The purpose of a writ of prohibition is to direct “and command [a] party [who is without jurisdiction or has exceeded its jurisdictional authority] to desist or refrain from further proceedings .”
BITTERROOT RIVER Prot. ASS'N, INC. v. Bitterroot Conservation Dist., 2002 MT 66 (Mont. 2002). · cites it 2× “DISCUSSION ¶8 May the Bitterroot Conservation District make the initial determination of whether the Mitchell Slough is a “natural perennial-flowing stream?” ¶9 A writ of prohibition serves to stop an entity exercising judicial functions from acting when the proceedings are…”
State Ex Rel. Smartt v. Jud. Standards Comm'n, 2002 MT 148 (Mont. 2002). · cites it 6× “The Commission concedes that the court was correct to enjoin the Commission from instituting formal proceedings before it had obtained a verified complaint, but erred in using the writ of prohibition, which enjoined the commission from taking any action, including obtaining the…”
Allied Waste Servs. of N. Am., LLC v. Mont. Dep't of Pub. Serv. Reg., 447 P.3d 463 (Mont. 2019). · cites it 6× “" Section 27-27-101, MCA. It may be issued when "there is not a plain, speedy, and adequate remedy in the ordinary course of law.”
Allen v. Madison Cnty. Comm'n, 684 P.2d 1095 (Mont. 1984). · cites it 3× “The Commission, the Recorder and individual intervenors appeal from the writ of prohibition and award of attorneys’ fees granted by the District Court.”
Malta Irrigation Dist. v. Montana Bd. of Health & Env't Sciences, 729 P.2d 1323 (Mont. 1986). · cites it 3× “A writ of prohibition shall be granted only to halt proceedings undertaken in the absence of jurisdiction, Section 27-27-101, MCA, where there is no “plain, speedy, and adequate remedy in the ordinary course of law.”
Kimble Props., Inc. v. State, 750 P.2d 1095 (Mont. 1988). · cites it 3× “Section 27-27-101, MCA provides: “The writ of prohibition is the counterpart of the writ of mandate.”
Victory Ins. v. Downing, 2023 MT 139 (Mont. 2023). · cites it 3× “” ¶10 A writ of prohibition “arrests the proceedings of any tribunal, corporation, board, or person exercising judicial functions when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation, board, or person.”
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