by admin | May 13, 2021 | Civil Procedure, Missouri
Proceedings in quo warranto in a circuit court shall be as prescribed in this Rule 98 and in this Court or the court of appeals shall be as prescribed in Rule 84.22 to Rule 84.26, inclusive, and this Rule 98. In all particulars not provided for by the foregoing...
by admin | May 13, 2021 | Civil Procedure, Missouri
The answer shall be directed to the petition in prohibition. The answer may included or be accompanied by one or more motions.Mo. R. Civ. P. 97.07Adopted June 5, 1980, eff. Jan. 1, 1981.Committee Note – 1981 This is new and it changes the former practice of...
by admin | May 13, 2021 | Civil Procedure, Missouri
If the preliminary order in prohibition is directed to a judge of a court of record, the clerk shall cause a copy of the preliminary order, together with a copy of the petition and any exhibits thereto, to be served on all other parties below. Service may be made as...
by admin | May 13, 2021 | Civil Procedure, Missouri
The preliminary order in prohibition shall issue in the name of the state and upon the relation of the relator. The preliminary order shall order the respondent to file an answer within the time fixed by the order and may order the respondent to refrain from all...
by admin | May 13, 2021 | Civil Procedure, Missouri
If the court is of the opinion that the preliminary order in prohibition should be granted, such order shall be issued.Mo. R. Civ. P. 97.04Adopted June 5, 1980, eff. Jan. 1, 1981.Committee Note – 1981 The source is prior Rule 97.02. Compare: Federal Rule of...
by admin | May 13, 2021 | Civil Procedure, Missouri
Application for a writ of prohibition shall be made by filing a petition in prohibition in the appropriate court. The petition in prohibition shall contain a statement of the facts, the relief sought, and a statement of the reasons why the writ should issue. The...
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