Section 13.16 Circuit Court

• Library: App Ct Prac 2015 Supp

A. (§13.16) Circuit Court

Petitions for a writ of mandamus or a writ of prohibition do not differ significantly from those in other civil cases. Both Rule 94 (mandamus) and Rule 97 (prohibition) require the relator to provide in the petition a statement of facts, to specify the relief sought, and to state the reasons for granting the writ. The relator should attach to the petition all of the orders, documents, or other matters necessary to understanding of the issues presented. One difference from an ordinary civil case is that the respondent does not need to file an answer to the petition until the court decides that a preliminary order in mandamus or prohibition should be issued. Rules 94.04, 97.04.

If a preliminary order is issued, the respondent and any other parties in the proceedings below shall file an answer to the petition. Rules 94.06, 97.06. There is no right to a jury trial. State ex rel. Prior v. Kansas City, 261 S.W. 112 (Mo. 1924). The actions are otherwise...