§ 98.02 Form of Action--Parties

Codes > Missouri Supreme Court Rules > Rules of > Part III : Rule 98 > 98.02

98.02. Form of Action--Parties

    (a) Proceedings in quo warranto shall be by a civil action in which the party seeking relief is relator and the person against whom such relief is sought is respondent, which action shall be brought in the name of the State of Missouri;

    (b) Any of the following may be relators:

        (1) The attorney general of this state, upon personal information (State of Missouri, ex inf. John Doe, Attorney General), or at the relation (State of Missouri, ex inf. John Doe, Attorney General, ex rel. Richard Roe, et al.) of any person who has a special interest in the subject matter of the action, or,

        (2) The prosecuting attorney, upon personal information (State of Missouri, ex inf. John Doe, Prosecuting Attorney), or, at the relation (State of Missouri, ex inf. John Doe, Prosecuting Attorney, ex rel. Richard Roe, et al.) of any person who has a special interest in the subject matter of the action, the prosecuting attorney being limited to filing with respect to matters pertaining solely to the prosecuting attorney's county or circuit.

    (c) The Attorney General or a prosecuting attorney, when action is brought upon information at the relation of another, may
authorize the prosecution of the action to final conclusion in the name of the relator.

    (d) If appropriate, there may be multiple relators or multiple respondents.