Section 14.19 Preliminary Order

• Library: App Ct Prac 2015 Supp

2. (§14.19) Preliminary Order

The preliminary order in quo warranto is provided for in Rules 98.04 and 98.05, and it replaces the “order to show cause” as established by prior practice. The order, together with a copy of the petition, is served in the same manner as a summons by the Marshal of the Supreme Court and is the process by which the respondent is brought under the jurisdiction of and before the Court. The respondent is required to plead to the petition on or before the date specified in the preliminary order. The Supreme Court of Missouri has published civil procedure forms, and Form No. 12 is a form for preliminary order in quo warranto. Following is a sample that relates to the petition form in §14.18 above.

In the Supreme Court of Missouri

_________________________ Session, 20____

State of Missouri, on )

the Information of )

John Doe, Attorney General, )

Relator, )

vs. ) Preliminary Order

)

______________________________ ) In Quo Warranto

a Corporation, )

Respondent. )

Whereas, John Doe, Attorney General of the State of Missouri, who in this behalf prosecutes for and in the name of the State, has filed in the above-entitled cause a petition in quo warranto, a copy of...