Official Code of Georgia Annotated

Title 9. CIVIL PRACTICE · Chapter 6. EXTRAORDINARY WRITS · Article 3. PROHIBITION

9-6-40. Prohibition counterpart of mandamus.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

The writ of prohibition is the counterpart of mandamus, to restrain subordinate courts and inferior judicial tribunals from exceeding their jurisdiction where no other legal remedy or relief is given. The granting or refusal thereof is governed by the same principles of right, necessity, and justice as apply to mandamus; provided, however, that no writ of prohibition to compel the removal of a judge shall issue where no motion to recuse has been filed, if such motion is available, or where a motion to recuse has been denied after assignment to a separate judge for hearing.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Orig. Code 1863, § 3136; Code 1868, § 3148; Code 1873, § 3209a; Code 1882, § 3209a; Civil Code 1895, § 4885; Civil Code 1910, § 5458; Code 1933, § 64-301; Ga. L. 2009, p. 643, § 2/HB 221.

Other notes

History of Section.: The language of this Code section is derived in part from the decisions in Seymour v. Almond, 75 Ga. 112 (1885) and City of Macon v. Anderson, 155 Ga. 607, 117 S.E. 753 (1923).

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t9-ch1-10-(v6)-2023-pdf.pdf, Volume V6, 2023 edition, page 543; merge action: carried; file SHA-256 ea8a520ad52f.

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