Rule 98 | Quo Warranto

First Adopted: June 05, 1980

Most Recently Effective: January 01, 1981

Rule 98 | Rules of Civil Procedure | Rules Relating to Special Actions | Quo Warranto

98.01 | Quo Warranto – General

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 provisions, proceedings in quo warranto shall be governed by and conform to the rules of civil procedure and the existing rules of general law upon the subject and the court may, by order, direct the form of such further details of procedure as may be necessary to the orderly course of the action or to give effect to the remedy.

Committee Note – 1981

This is new.


(Adopted June 5, 1980, effective January 1, 1981.)

First Adopted: June 05, 1980

Most Recently Effective: January 01, 2016

Rule 98 | Rules of Civil Procedure | Rules Relating to Special Actions | Quo Warranto

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.

Committee Note – 1981

This is new.

Compare: Prior Rules 98.01 and 98.03.


(Adopted June 5, 1980, effective January 1, 1981. Amended September 28, 1993, effective January 1, 1994; amended June 10, 2015, effective January 1, 2016.)

First Adopted: June 05, 1980

Most Recently Effective: January 01, 2004

Rule 98 | Rules of Civil Procedure | Rules Relating to Special Actions | Quo Warranto

98.03 | Petition in Quo Warranto – Contents – Exhibits

Application for a judgment in quo warranto shall be made by filing a petition in quo warranto in the appropriate court.

The petition in quo warranto shall contain a statement of the facts, the relief sought, and a statement of the reasons why a preliminary order in quo warranto should be issued.

The petition shall be accompanied by suggestions in support thereof.

A copy of any order, opinion, record or part thereof, document, or other item that may be essential to an understanding of the matters set forth in the petition in quo warranto shall be attached as exhibits if not set forth therein. The pages of the exhibits shall be numbered consecutively.

An index of all exhibits also shall be attached. Exhibits shall be identified in the index by number or letter and page and, in addition, shall be described so that the court can distinguish the exhibits.

Committee Note – 1981

This is new.


(Adopted June 5, 1980, effective January 1, 1981. Amended April 25, 2003, effective January 1, 2004.)

First Adopted: June 05, 1980

Most Recently Effective: January 01, 1994

Rule 98 | Rules of Civil Procedure | Rules Relating to Special Actions | Quo Warranto

98.04 | Grant of Preliminary Order

If the relator is the attorney general or the prosecuting attorney, filing upon personal information, the court shall issue a preliminary order in quo warranto. When the petition is filed at the relation of another as described in Rule 98.02(b), if the court is of the opinion that the preliminary order in quo warranto should be granted, such order shall be issued.

Committee Note – 1981

This is new.


(Adopted June 5, 1980, effective January 1, 1981. Amended September 28, 1993, effective January 1, 1994.)

First Adopted: June 05, 1980

Most Recently Effective: January 01, 1981

Rule 98 | Rules of Civil Procedure | Rules Relating to Special Actions | Quo Warranto

98.05 | Preliminary Order – Contents

The preliminary order in quo warranto shall require the respondent to file an answer within the time fixed by the order. The clerk shall forthwith deliver a copy of the preliminary order, together with a copy of the petition, for service to the sheriff or other person specially appointed to serve it. Service may be as provided in Rule 43.01 or Rule 54.

Committee Note – 1981

This is new.

See Official Form for Preliminary Order in Quo Warranto.


(Adopted June 5, 1980, effective January 1, 1981.)

First Adopted: June 05, 1980

Most Recently Effective: January 01, 1981

Rule 98 | Rules of Civil Procedure | Rules Relating to Special Actions | Quo Warranto

98.06 | Answer – Motions

The answer shall be directed to the petition in quo warranto. The answer may include or be accompanied by one or more motions.

Committee Note – 1981

This is new and it changes the former practice of pleading to the preliminary order in quo warranto.


(Adopted June 5, 1980, effective January 1, 1981.)