§ 9-6-40. Grounds for issuance of writ; when issued

Codes > Code of Georgia > Title 9. > Chapter 6. : Article 3. > 9-6-40. Grounds

§ 9-6-40. Grounds for issuance of writ; when issued

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.