Legal Remedies Commons^™

Prohibition: The Elusive And Misunderstood Writ, David W. Clarke

University of Richmond Law Review

To many legal practitioners the writ of prohibition remains an enigma. Seldom used and even less often understood, this extraordinary remedy at law has long been recognized in Virginia as a tool with which to restrain an offending court from unwarranted conduct. Used properly, the writ will encourage the due and regular administration of justice by confining each tribunal to the exercise of those powers with which it has been entrusted under the constitution and laws of the state. The writ has been defined by the Virginia Supreme Court as "a proceeding between two courts-a superior and an inferior-and is …