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Rule 81.Relief heretofore available by common law writs.

Current through June 18, 2026 · Last verified July 9, 2026

In one sentenceRule 81 abolishes the old common-law writs of mandamus, prohibition, scire facias, quo warranto, and quo warranto information, and replaces them with an ordinary original action in the appropriate court.

Full Text of Rule 81

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Relief heretofore available by the remedies of mandamus, prohibition, scire facias, quo warranto, or of an information in the nature of a quo warranto, may be obtained by original action in the appropriate court.

Amendment History

(Amended October 14, 1977, effective January 1, 1978.)

Plain-English Summary

Before Rule 81, someone who wanted a court to order an official to act, stop a lower tribunal from exceeding its authority, or challenge a person's right to hold office had to invoke one of several old common-law writs by name: mandamus, prohibition, scire facias, quo warranto, or an information in the nature of quo warranto. Each writ came with its own technical rules for how to ask for it.

Rule 81 folds all of that relief into the regular civil action. A person seeking what a writ of mandamus or prohibition used to provide now files an original action in the appropriate court, using the same procedural rules that govern any other civil case. The underlying relief survives; the separate writ procedures do not.

This matters for anyone trying to compel a public official to perform a duty, stop a court or agency from acting beyond its authority, or contest someone's authority to hold an office. The relief is available, but it comes through an ordinary lawsuit rather than a specialized writ petition.

Frequently Asked Questions

Can I file for a writ of mandamus in Kentucky?

Not as a separate writ. Rule 81 replaced the writs of mandamus, prohibition, scire facias, and quo warranto with an original civil action. The relief those writs used to provide is available, but it is obtained through a regular lawsuit filed in the appropriate court, not a standalone writ petition.

How do I ask a Kentucky court to stop a lower court from exceeding its authority?

Relief once available through a writ of prohibition is now sought by filing an original action in the appropriate court under Rule 81, rather than through a separate writ proceeding.

What happened to quo warranto actions in Kentucky?

Rule 81 eliminated quo warranto and informations in the nature of quo warranto as separate writ procedures. A person challenging someone's right to hold office pursues that relief through an original civil action instead.

Source & verification. The rule text is reproduced verbatim from the official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 81). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. · Official source
Also known as: writ of mandamus Kentuckywrit of prohibition Kentucky civil procedurequo warranto Kentuckyabolition of common law writs KYCR 81 Kentuckyoriginal action instead of writ Kentucky