Writs, Denial of Writs

Writs are “extraordinary remedies,” and their procedures differ from normal civil actions. US Dept. of Veterans Affairs v. Boresi, 396 SW 3d 356, 366 n1 (Mo. 2013). For example, a writ of prohibition is only available (1) to prevent the usurpation of judicial power when the trial court lacks authority or jurisdiction; (2) to remedy an excess of authority, jurisdiction or abuse of discretion where the lower court lacks the power to act as intended; or (3) where a party may suffer irreparable harm if relief is not granted. State ex rel. Missouri Public Defender Com’n v. Pratte, 298 SW 3d 870, 880 (Mo. 2009).

When there is an interlocutory writ denied, what is the effect of the denial? “Denial of a writ by the appellate court means nothing because a court may deny a writ for a number of reasons.” Nichols v. McCarthy, 609 S.W.3d 483, 490 (Mo. Ct. App. 2020). And, in no uncertain terms, courts have find that the mere denial of a writ is generally “not a conclusive decision on the merits of the issue presented.” Rodriguez v. Suzuki Motor Corp., 996 S.W.2d 47, 61 (Mo. 1999).