Section 11 Pleadings, Record, and Briefs

LibraryAdministrative Law 2011

Proceedings in prohibition are initiated by a civil action in which the person seeking relief is denominated the “relator” and the person against whom the relief is sought is denominated the “respondent.” Rule 97.02. If appropriate, there may be multiple relators or multiple respondents. Id. The contents of the petition in prohibition are set forth in Rule 97.03 and require a statement of:

the facts;

the relief sought; and

the reasons why the writ should issue.

To engage the power of a court to adjudicate the prohibition remedy, the ground for the issuance of the writ must clearly appear and every fact for its issuance be alleged. West County Care Ctr., Inc. v. Mo. Health Facilities Review Comm., 773 S.W.2d 474, 476 (Mo. App. W.D. 1989). A petition for writ of prohibition must unequivocally and explicitly set forth every fact requisite
to the issuance of the writ. State ex rel. Hartman v. Casteel,
678 S.W.2d 816, 818 (Mo. App. S.D. 1984). But the reviewing court may exercise its discretion to determine the prohibition case on the merits, even though the relator fails to comply with
the proper pleading procedure. State ex rel. White v. Eiffert,
774 S.W.2d 152, 154 (Mo. App. S.D. 1989).

“A copy of any order, opinion, record or part thereof, or other item that may be essential to an understanding of the matters set forth in the petition” must be attached as an exhibit if not set forth in the petition. Rule 97.03. The petition must be accompanied by suggestions in support, and in most cases, relief by prohibition will be denied for failure to file suggestions in support of the writ unless the court exercises its...

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