Section 24 Pleadings, Record, and Briefs

• Library: Administrative Law 2011

Proceedings in mandamus are initiated by a civil action in which the person seeking performance is denominated the “relator” and the person against whom performance is sought is the “respondent,” and there may be multiple relators or multiple respondents, if appropriate. Rule 94.02. When the relief sought requires action by a commission or board, a relator should take care to name all members in the petition. State ex rel. Patterson v. Tucker, 519 S.W.2d 22, 26 (Mo. App. S.D. 1975).

The importance of naming all proper parties in a mandamus action is illustrated by State ex rel. Nelson v. City of Berkeley,
991 S.W.2d 747 (Mo. App. E.D. 1999). In Nelson, the relator filed a mandamus action to compel payment of disability benefits and named the City of Berkeley as the sole respondent. The court reversed the trial court’s judgment in favor of the relator and directed dismissal of the petition for mandamus because the petitioner failed to join the city’s Director of Finance, who...