A Levels Academy Islamabad
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00:00So, a case is happening. The judge, litigants, assistants, and court reporters are in their places.
00:07Then, a higher power intervenes and stops everything.
00:12Don't worry. It's not a biblical disaster.
00:15This is because the appellate court has issued a writ of prohibition.
00:19This isn't the kind of prohibition that led to speakeasies and moonshine.
00:23A writ of prohibition is an order from a higher court to a lower court directing them to stop the litigation.
00:29This happens because the appellate court has determined that the lower court does not have jurisdiction over the particular case that was initiated,
00:37or jurisdiction for a particular action in a case.
00:41A writ of prohibition has a very narrow scope compared to other writs and can only be used for something about to happen in the future.
00:48If a prohibited action or hearing has already taken place, a writ of prohibition cannot apply.
00:54It must be ordered before the completion of the thing complained of.
00:58It also is not intended to fix a court's errors, particularly if the court has proper jurisdiction.
01:05Fixing errors is what an ordinary appeal is for.
01:09In other words, the appellate court will address the problem after the trial court enters a final order.
01:15But once a higher court issues the writ of prohibition, all processes in the related case or action must stop immediately.
01:23The most common use of a writ of prohibition is when a trial judge refuses to disqualify himself or herself from presiding over the case,
01:31even though the law requires them to.
01:33A writ of prohibition can also be applied to an appeals court if the appeal they are considering was filed in an untimely manner.
01:40To ask the appellate court to issue a writ of prohibition, you must file a petition.
01:45Unlike a notice of appeal, your petition is not just a notice, but an entire brief.
01:51It not only deals with the issue you want the appellate court to correct, but also why you think you are entitled to ask for a writ.
01:58While there is no time limit for filing a petition for a writ of prohibition, it must be filed before the problem action or hearing takes place.
02:07If the appellate court thinks you have made an argument that merits hearing what your opponent has to say,
02:13it will issue an order to show cause why your petition should not be granted.
02:17When that happens, your opponent will write a brief, and you will have a chance to reply to that.
02:27Meanwhile, the order to show cause prevents the trial court from proceeding while the appellate court is considering your decision.
02:34LegalYou knows the complex, uncommon aspects of court well, and is here to share that knowledge with you.
02:41LegalYou. You can do this.