Section 11 Pleadings, Record, and Briefs
Library | Administrative 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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- Section 1 Introduction
- Section 2 Purpose of Writ of Prohibition
- Section 3 Criteria for Application of Writ of Prohibition
- Section 4 Agency Actions in Excess of or Without Jurisdiction
- Section 5 Lack of Adequate Remedy at Law by Way of Appeal
- Section 6 Limitations on Judicial Review of Administrative Action by Prohibition
- Section 7 Exhaustion of Administrative Remedies
- Section 8 Standing
- Section 9 Justiciable Controversy
- Section 10 Jurisdiction and Venue
- Section 11 Pleadings, Record, and Briefs
- Section 12 Judgment
- Section 13 Review of Judgment and Standard of Review
- Section 14 Purpose of Writ of Mandamus
- Section 15 Criteria for Application of Writ of Mandamus
- Section 16 Clear, Existing, Unconditional Legal Right in Relator
- Section 17 Corresponding, Present, Imperative, Unconditional Duty of Respondent to Perform Requested Act
- Section 18 No Adequate Alternative Remedy
- Section 19 Enforcement and Control of Administrative Action by Mandamus
- Section 20 Mandamus Unavailable to Control Exercise of Lawful Agency Discretion
- Section 21 Exhaustion of Administrative Remedies
- Section 22 Standing
- Section 23 Jurisdiction
- Section 24 Pleadings, Record, and Briefs
- Section 25 Review of Judgment and Standard of Review
- Section 26 Statutory Mandamus and Prohibition
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