Petition for Writ of Prohibition

When the petition for writ of prohibition is used

Timing: before the lower court acts, when it is about to proceed without jurisdiction or beyond its authority and no adequate remedy exists by appeal. Appeals follow a final judgment in most cases. The Federal Rules of Appellate Procedure govern this stage.

What the rule requires

• A petition for a writ of prohibition directed to a court follows the same procedure as a petition for mandamus: it is filed with the circuit clerk, served on all parties to the trial-court proceeding with a copy provided to the trial-court judge, and must state the relief sought, the issues, the necessary facts and the reasons the writ should issue (Fed. R. App. P. 21(a)).
• The authority to issue the writ comes from the All Writs Act (28 U.S.C. § 1651(a)).
• State appellate courts also issue writs of prohibition under their own constitutions, statutes and rules, which set the procedure and deadlines.

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. App. P. 21(a); 28 U.S.C. § 1651(a) online. Also, the federal judiciary publishes the current rules and recent amendments.

The petition for writ of prohibition in state court

State courts follow their own rules of procedure. Many states model their rules on the federal rules, so you will often find a similar petition for writ of prohibition procedure. However, the name, the deadline and the required form can differ. Therefore, look up the matching rule in your state’s rules of civil procedure. Also read your court’s local rules. Our state procedures guide links to each state’s official rules.

Related procedures

Similarly, these procedures often come up alongside it:

• Petition for Writ of Mandamus: a request asking a higher court to order a lower court, or asking a court to order a government officer, to perform a clear, non-discretionary duty. Mandamus is an extraordinary remedy, used only when there is no other adequate way to get relief.
• Interlocutory Appeal (Certified Question): an appeal from an order that is not a final judgment, allowed when the district judge certifies it.

Before you rely on this page

Always read the current rule yourself instead of relying on a summary. Next, check the local rules and the judge’s standing orders, since they often add steps. Then look for recent decisions from your court that apply the rule. Finally, talk to a licensed attorney about your situation. You can find one in our directory.

State court procedure for this filing

The federal rule above applies in federal court. In state court, the same filing is governed by that state's own rules of civil procedure, statutes and local court rules. Many states model their rules on the Federal Rules of Civil Procedure, so the requirements are often similar, but names, numbers, deadlines and forms can differ. Always use the version that applies to the court where your case is filed.

Examples from the largest state court systems

Each state citation was checked against the rule or code text (official source or a published copy) on October 24, 2026. Rules are amended often, so confirm the current version on the state's official site below.

Find the rule in your state

In your state's rules, look for the rule on petition for writ of prohibition. In states that number their rules like the federal rules, it is often the same rule number as the federal rule.