The writ of prohibition may be granted at any time, on proper showing made. The return must be in term. Any issue of fact made thereon must be tried as in equity cases.
§ 9-6-41.When writ granted; time for return; trial of fact issues
Chapter 6. Extraordinary Writs · Article 3. Prohibition · Last amended 1933 · Last verified July 17, 2026
In one sentenceThis section allows a writ of prohibition to be granted at any time on a proper showing, requires the return to be made in term, and directs that any factual dispute raised in the case be tried the way equity cases are tried.
Full Text of § 9-6-41
Plain-English Summary
Prohibition does not run on the fixed application-to-hearing schedule that governs mandamus. This section allows the writ to be granted at any time, so long as the party seeking it makes a proper showing — there is no equivalent to the ten-to-thirty-day nisi window found in the mandamus procedure.
One timing rule does apply, though: the return — the response the tribunal or officer makes to the writ — must be made in term, meaning during an active session of court rather than in vacation.
If the case involves a genuine issue of fact, the statute directs that it be tried as in equity cases, tying the fact-finding process in a prohibition case to the procedures Georgia courts already use for equity matters rather than creating a separate fact-finding procedure just for prohibition.
Frequently Asked Questions
Is there a fixed filing window for seeking a writ of prohibition, the way there is for mandamus?
No. The section states that the writ may be granted at any time, on proper showing made, without the ten-to-thirty-day window that governs a mandamus nisi.
What does it mean that “the return must be in term”?
It means the response to the writ must be made during an active session, or term, of the court, rather than while the court is in vacation.
How are factual disputes handled in a prohibition case?
Any issue of fact made on the writ must be tried as in equity cases.
How does this procedural framework compare to the mandamus nisi procedure?
Mandamus sets specific deadlines for the hearing and service, while prohibition can be sought at any time on a proper showing, with only the return required to occur in term.
What must a party show to obtain the writ under this section?
The section requires a “proper showing,” without specifying further what that showing must contain beyond what the underlying prohibition statute requires.
Amendment History
Code 1863, §§ 3133, 3136; Code 1868, §§ 3145, 3148; Code 1873, §§ 3201, 3209a; Code 1882, §§ 3201, 3209a; Civil Code 1895, §§ 4876, 4885; Civil Code 1910, §§ 5449, 5458; Code 1933, §§ 64-301, 64-302.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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