RulesofCivilProcedure.com Civil Procedure · Every State

Rule 97.01.Prohibition--General.

Part III · Rule 97: Prohibition · Last amended January 1, 1981 · Last verified July 22, 2026

In one sentenceRule 97.01 sets prohibition procedure in the circuit court under Rule 97, sets it in the Supreme Court or court of appeals under Rules 84.22 through 84.26 plus Rule 97, and fills any remaining gaps with the general rules of civil procedure and existing law.

Full Text of Rule 97.01

Text size

Proceedings in prohibition in a circuit court shall be as prescribed in this Rule 97 and in this Court or the court of appeals shall be as prescribed in Rule 84.22 to Rule 84.26, inclusive, and this Rule 97. In all particulars not provided for by the foregoing provisions, proceedings in prohibition shall be governed by and conform to the rules of civil procedure and the existing rules of general law upon the subject and the court may, by order, direct the form of such further details of procedure as may be necessary to the orderly course of the action or to give effect to the remedy.

Amendment History

Adopted June 5, 1980, eff. Jan. 1, 1981.

Official Comment

This is new. Compare: Prior Rule 97.01.

Plain-English Summary

A writ of prohibition is a court order that stops a lower court, judge, or other tribunal from going beyond the authority the law gives it. Rule 97.01 does not describe the writ itself so much as it tells lawyers and judges which rulebook to open. File in a circuit court, and Rule 97 governs the whole proceeding. File in the Supreme Court or a court of appeals, and a separate set of appellate rules, Rules 84.22 through 84.26, works alongside Rule 97 to control how the case moves.

The rule also does something quietly important: it closes the gaps. Prohibition is an old remedy, and no single rule can anticipate every procedural question that might come up in every case. Rule 97.01 says that when this rule and the appellate rules are silent, the ordinary rules of civil procedure and the existing body of law on prohibition step in to fill the space. Nobody is left guessing whether a rule of general application, on things like motions or filing deadlines, applies to a prohibition case; it does, unless Rule 97 says otherwise.

Finally, the rule gives the court itself some flexibility. If a case presents a procedural wrinkle that none of these sources resolve, the court can order whatever additional steps the orderly conduct of the case, or the effectiveness of the remedy, requires. That built-in flexibility matters because prohibition cases often move fast and involve a mix of circuit court records, appellate filings, and unusual fact patterns that a rigid rule could not fully anticipate.

Frequently Asked Questions

What is a writ of prohibition?

It is a court order directing a lower court, judge, or other tribunal to stop a proceeding or action that exceeds its lawful authority. It looks forward, preventing something from happening, instead of undoing something already done.

Where do I file a prohibition case, circuit court or an appellate court?

Either can be a starting point. Rule 97.01 tells you that a circuit court case runs under Rule 97 alone, while a case filed in the Supreme Court or a court of appeals also draws on Rules 84.22 through 84.26.

What happens if Rule 97 does not address a procedural question in my case?

The general rules of civil procedure and the existing body of law on prohibition fill the gap, and the court may also order whatever further procedure the case needs.

Can a court invent its own procedure for a prohibition case?

Only within the bounds Rule 97.01 sets. The court may direct additional procedural details, but only to keep the case moving in orderly fashion or to give the remedy its intended effect, not as a free-standing power to depart from the rule.

Is prohibition the same thing as mandamus?

No. Both are extraordinary writs handled under a similar rule structure, but prohibition stops a tribunal from acting beyond its authority, while mandamus compels a tribunal or official to perform a duty it is failing to perform.

Does Rule 97.01 itself describe when a writ of prohibition should issue?

No. It is a procedural rule that identifies which set of rules governs the case at each level of court; the standards for granting the writ come from the rest of Rule 97 and from existing law.

Source & verification. Rule text and amendment history are reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the Supreme Court of Missouri. Last verified July 22, 2026. · Official source
Also known as: writ of prohibition MissouriMissouri Rule 97.01prohibition procedure circuit courtstopping a judge who exceeds jurisdictionextraordinary writ practice Missouriprohibition appellate rules 84.22