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Clerk Handbooks

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Supreme Court Rules

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		Section/Rule:	98.02
Subject:	Rule 98 - Rules of Civil Procedure - Rules Relating to Special Actions - Quo Warranto	Publication / Adopted Date:	June 5, 1980
Topic:	Form of Action - Parties	Revised / Effective Date:	January 1, 2016

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98.02. Form of Action - Parties

(a) Proceedings in quo warranto shall be by a civil action in which the party seeking relief is relator and the person against whom such relief is sought is respondent, which action shall be brought in the name of the State of Missouri;

(b) Any of the following may be relators:

(1) The attorney general of this state, upon personal information (State of Missouri, ex inf. John Doe, Attorney General), or at the relation (State of Missouri, ex inf. John Doe, Attorney General, ex rel. Richard Roe, et al.) of any person who has a special interest in the subject matter of the action, or,

(2) The prosecuting attorney or county counselor, upon personal information (State of Missouri, ex inf. John Doe, [Prosecuting Attorney] [County Counselor] or at the relation (State of Missouri, ex inf. John Doe [Prosecuting Attorney] [County Counselor], ex rel. Richard Roe, et al.) of any person who has a special interest in the subject matter of the action, the prosecuting attorney being limited to filing with respect to matters pertaining solely to the prosecuting attorney's county or circuit.

(c) The attorney general or a prosecuting attorney or county counselor when action is brought upon information at the relation of another, may authorize the prosecution of the action to final conclusion in the name of the relator.

(d) If appropriate, there may be multiple relators or multiple respondents.

(Adopted June 5, 1980, eff. Jan. 1, 1981. Amended Sept. 28, 1993, eff. Jan. 1. 1994; June 10, 2015, eff. Jan. 1, 2016)

Committee Note - 1981

This is new.
Compare: Prior Rules 98.01 and 98.03.