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Rule 81.Relief heretofore available by common law writs.

Current through June 18, 2026 · Last verified July 9, 2026

In one sentenceRule 81 provides that the relief once available through the common-law writs of mandamus, prohibition, scire facias, quo warranto, and quo warranto information may be obtained by an original action in the appropriate court.

Full Text of Rule 81

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Relief heretofore available by the remedies of mandamus, prohibition, scire facias, quo warranto, or of an information in the nature of a quo warranto, may be obtained by original action in the appropriate court.
End

Amendment History

(Amended October 14, 1977, effective January 1, 1978.)

Plain-English Summary

Before Rule 81, someone who wanted a court to order an official to act, stop a lower tribunal from exceeding its authority, or challenge a person's right to hold office had to invoke one of several old common-law writs by name: mandamus, prohibition, scire facias, quo warranto, or an information in the nature of quo warranto. Each writ came with its own technical rules for how to ask for it.

Rule 81 opens the regular civil action as a route to all of that relief. A person seeking what a writ of mandamus or prohibition used to provide may file an original action in the appropriate court, using the same procedural rules that govern any other civil case. The rule speaks to how the relief may be obtained; it does not shut down any other route to it.

This matters for anyone trying to compel a public official to perform a duty, stop a court or agency from acting beyond its authority, or contest someone's authority to hold an office. The relief is available, and Rule 81 makes an ordinary lawsuit in the appropriate court a way to get it.

Frequently Asked Questions

Can I file for a writ of mandamus in Kentucky?

Rule 81 gives you a route to that relief. What mandamus, prohibition, scire facias, and quo warranto once provided may be obtained by filing an original action in the appropriate court. The rule opens that path; it does not close the older ones.

How do I ask a Kentucky court to stop a lower court from exceeding its authority?

Relief once available through a writ of prohibition may be obtained by filing an original action in the appropriate court under Rule 81. The rule opens that route; it does not close any other.

What happened to quo warranto actions in Kentucky?

Rule 81 makes the relief those remedies provided available by original action. A person challenging someone's right to hold office can pursue that relief through an ordinary civil action in the appropriate court.

Source & verification. The rule text is reproduced verbatim from the official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 81). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. · Official source
Also known as: writ of mandamus Kentuckywrit of prohibition Kentucky civil procedurequo warranto Kentuckyabolition of common law writs KYCR 81 Kentuckyoriginal action instead of writ Kentucky