The writ of prohibition is the counterpart of mandamus, to restrain subordinate courts and inferior judicial tribunals from exceeding their jurisdiction where no other legal remedy or relief is given. The granting or refusal thereof is governed by the same principles of right, necessity, and justice as apply to mandamus; provided, however, that no writ of prohibition to compel the removal of a judge shall issue where no motion to recuse has been filed, if such motion is available, or where a motion to recuse has been denied after assignment to a separate judge for hearing.
History. Orig. Code 1863, § 3136; Code 1868, § 3148; Code 1873, § 3209a; Code 1882, § 3209a; Civil Code 1895, § 4885; Civil Code 1910, § 5458; Code 1933, § 64-301; Ga. L. 2009, p. 643, § 2/HB 221.
The 2009 amendment, effective July 1, 2009, deleted a comma following “jurisdiction” in the first sentence and added the proviso at the end of the second sentence.
History of Code section.
The language of this Code section is derived in part from the decisions in Seymour v. Almond, 75 Ga. 112 (1885) and City of Macon v. Anderson, 155 Ga. 607 , 117 S.E. 753 (1923).
Structure Georgia Code