writs of prohibition - King's Bench - Pa. Supreme Court
Mayer v. Garman - Pa. Supreme Court - August 4, 2006
Majority - http://www.courts.state.pa.us/OpPosting/Supreme/out/J-140-2006mo.pdf
Concurring - http://www.courts.state.pa.us/OpPosting/Supreme/out/J-140-2006co.pdf
Exercising its "inherent King's Bench supervisory power over inferior tribunals," the state supreme court vacated the trial court's order directing that the assets of a non-party to a divorce case be frozen.
The non-party was the "paramour" of the defendant/husband divorce; she lived in Hong Kong. No original process was ever served on her. The lower court sua sponte ordered her joinder in the case, reciting an "overarching mandateā¦to 'effectuate economic justice.' "
The Supreme Court issued a writ of prohibition against the lower court, which it determined had acted ultra vires, without compliance with the joinder rules, Pa. RCP 2251-2255, and in violation of due process principles giving potential parties formal notice and an opportunity to object to joinder. The court held that that test to apply the writ -- which is to be used with "great caution and forbearance" -- had been satisfied: there was no adequate remedy at law, and the requested relief was necessary to "secure order and regularity in judicial proceedings."