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What is Petition for Writ of Prohibition?

On Behalf of | Oct 24, 2022 | Appeals

The legal system incorporates many layers to protect discretion and integrity. Courts gain more authority as they rise through the legal system. When someone prosecutes or appeals a case, they go through multiple layers of authority, with multiple examinations to ensure they handle the case correctly.

Petition for Writs of Prohibition and Its Purpose

A prohibition writ prevents a lower court from acting in a manner that is outside its jurisdiction—it can prevent a lower tribunal from acting improperly or unlawfully. Appeals courts can issue writs of prohibition to state agencies or lower courts. However, the Florida Supreme Court does not have the power to issue prohibitions to state agencies; it can only give prohibitions to lower courts.

Public officers who are not vested with judicial or quasi-judicial authority cannot be subject to a writ of prohibition. The Supreme Court may only grant this writ if a fundamental right is at stake. This allows the writ to be granted both where the court appears not to have jurisdiction and cases where the court seems to have jurisdiction.

What Is the Process for Issuance of a Writ of Prohibition?

If someone’s fundamental rights are violated, they may move to the High Court or Supreme Court, which may issue direction, orders, or writs. The petitioner must also demonstrate that (1) no dispute exists over the facts and (2) the lower court has no jurisdiction to do the thing the petitioner is trying to prevent.

The Reasons for Issuing the Writ of Prohibition

A prohibition writ can be issued for several reasons. However, the need for such a writ is relatively infrequent, as the legal situation rarely progresses to where prohibition is necessary.

If the court believes that the lower court is overstepping its authority, it can issue a writ of prohibition. For the trial results to be legally valid, a matter beyond a court’s jurisdiction must instead be tried in a different court. The courts typically avoid hearing cases outside their jurisdiction to reduce the likelihood of having a writ of prohibition issued against them.

This writ can also be issued if a court is not following the standard rules of procedure. In the same way that overstepping the jurisdiction of a court compromises the validity of the decision, failing to follow procedure does the same. If the trial is not conducted properly, participants can later challenge the outcome, claiming it’s not legal.

High Courts have the authority to issue writs of prohibition if a decision defeats a legal right. These situations are relatively rare, so it is unusual for a prohibition to be considered. The writ must include a statement explaining why it was issued, and you may use this to argue against the order to stop as they may have written it in error.

Since writs of prohibition are very rare to be granted, the failure rate is exceptionally high. For that reason, it is fundamental to take great care and attention before dedicating time and resources to a writ application.

Hunker Appeals

For help with filing a writ of prohibition in your case, contact a criminal appellate lawyer at Hunkers Appeal. We can aid you at every stage of the appeals process, post-conviction motions, and writ of prohibition. Our criminal appellate attorneys represent clients throughout Fort Lauderdale, Boca Raton, Weston, Miami, West Palm Beach, and the other surrounding Florida communities. Hunker Appeals is here to provide a smooth path throughout the process.

Call or email Hunker Appeals now to set up a consultation.

Hunker Appeals, 110 Southeast 6th Street, Suite 2330, Fort Lauderdale, FL 33301 877-906-5656.

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