Georgia § 9-6-40 - Prohibition counterpart of mandamus.
Full text of Georgia Official Code of Georgia Annotated § 9-6-40 — Prohibition counterpart of mandamus., with citation guidance and answers to common questions.
§ 9-6-40. Prohibition counterpart of mandamus.
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. (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 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).
Source: official Georgia text · Last verified 2026-08-27
Frequently Asked Questions About Georgia § 9-6-40
What does Official Code of Georgia Annotated § 9-6-40 cover?
Section 9-6-40 ("Prohibition counterpart of mandamus.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Georgia § 9-6-40?
A common citation format is "Official Code of Georgia Annotated § 9-6-40" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Georgia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.
How does Georgia § 9-6-40 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.