Nevada Revised Statutes
Nev. Rev. Stat. § 34.320 (2026)
Writ of prohibition defined
✓ current as of July 2026
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NRS 34.320 Writ of prohibition defined. 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.
[1911 CPA § 766; RL § 5708; NCL § 9255]
Notes of Decisions
Cited in 441
cases (43 in the last 5 years), 1964–2026 · leading case: State v. Eighth Jud. Dist. Court of the State of Nevada, 42 P.3d 233 (Nev. 2002).
State v. Eighth Jud. Dist. Court of the State of Nevada, 42 P.3d 233 (Nev. 2002). “[6] NRS 34.320. [7] Newman, 97 Nev. at 604 , 637 P.”
Int'l Game Tech., Inc. v. Second Jud. Dist. Court of the State of Nevada Ex Rel. Cnty. of Washoe, 127 P.3d 1088 (Nev. 2006). “3d 233, 237 (2002); NRS 34.320. [22] Beazer Homes Nevada, Inc.”
Ham v. Eighth Jud. Dist. Court, Etc., 566 P.2d 420 (Nev. 1977). “Whether a writ of prohibition is the proper remedy? Preliminarily, this Court is asked to decide whether or not a writ of prohibition is the proper procedure with which to resolve a question concerning the propriety of a trial judge's voluntary disqualification.”
State v. Eighth Jud. Dist. Court ex rel. Cnty. of Clark, 267 P.3d 777 (Nev. 2011). “Because prohibition is focused on arresting the proceedings of a district court that is acting in excess of its jurisdiction, NRS 34.320, and the district court here clearly had jurisdiction over the prosecution and to decide evidentiary issues, we conclude that prohibition is…”
Mineral Cnty. v. State, Dept. of Conserv., 20 P.3d 800 (Nev. 2001). “" [19] NRS 34.320 defines the writ of prohibition as "the counterpart of the writ of mandate.”
Smith v. Eighth Jud. Dist. Court, 818 P.2d 849 (Nev. 1991). “See NRS 34.320; NRS 34.330. Mandamus is a proper remedy to compel performance of a judicial act when there is no plain, speedy, and adequate remedy at law in order to compel the performance of an act which the law requires as a duty resulting from office.”
Friedman v. Eighth Jud. Dist. Court Ex Rel. Cnty. of Clark, 264 P.3d 1161 (Nev. 2011). “" NRS 34.320. A writ of mandamus may issue "to compel the performance of an act which the law especially enjoins as a duty resulting from an office, trust or station.”
D.R. Horton, Inc. v. Eighth Jud. Dist. Court, 168 P.3d 731 (Nev. 2007). “NRS 34.320; Houston Gen. Ins. Co. v. District Court, 94 Nev.”
Miller v. Burk, 188 P.3d 1112 (Nev. 2008). “182 allows an elector to make, with the filing officer for an office, a written challenge to an individual’s candidacy for the office on the ground that the candidate has failed to meet any constitutional or statutory qualification required to hold that office.”
Div. of Child & Fam. Servs. v. Eighth Jud. Dist. Court of the State of Nevada, 92 P.3d 1239 (Nev. 2004). “NRS 34.320. Pengilly v. Rancho Santa Fe Homeowners, 116 Nev.”
State v. Eighth Jud. Dist. Court, 112 P.3d 1070 (Nev. 2005). “See NRS 34.320; Hickey v. District Court, 105 Nev.”
Club Vista Fin. Servs., L.L.C. v. Eighth Jud. Dist. Court of the State of Nevada ex rel. Cnty. of Clark, 276 P.3d 246 (Nev. 2012). “Club Vista urges this court to adopt a stringent test for permitting attorney depositions, whereas Scott Financial advocates a more flexible approach. 5 Writ relief A writ of prohibition may issue to arrest the proceedings of a district court exercising its judicial functions…”
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