§ Form No. 11 Preliminary Order in Prohibition

Form No. 11. Preliminary Order in Prohibition

CIRCUIT COURT FOR THE COUNTY OF _______________
STATE OF MISSOURI

State of Missouri ex rel.

_____________________________
Relator

vs.
No. _______

_____________________________
Respondent.

PRELIMINARY ORDER IN PROHIBITION

The State of Missouri to Respondent
________________________

You are hereby directed to file your pleading to the petition in prohibition on or before the ______ day of ______, 20___ and to serve a copy of your pleading upon ______, attorney ______ for relator ______, whose address is ______. If you fail to do so, judgment by default will be taken against you for the relief demanded in the petition.

You are ordered to refrain from all action in the premises until further order.

________________________________________________________________________________ Judge

Dated ____________________

Directions to Clerk

The clerk should insert in the preliminary order in prohibition the names of only the respondent or respondents who are to be personally served by the officer to whom the preliminary order is delivered. The preliminary order should be signed by the judge under seal of the court and a copy of the preliminary order and a copy of the petition for each of such respondents should be delivered along with the original preliminary order to the officer and sealed in the same is a true copy. The copy of the petition may be a carbon or other copy of the preliminary order but need not be certified a true copy. If relator has no attorney, the address of relator should be stated in the preliminary order, and the words “attorney ______ for” eliminated.

(See Rules 54, 97.05 and 97.06)

(Reverse side of Preliminary Order in Prohibition)

Return on Service of Preliminary Order

I hereby certify that I have served the within preliminary order in prohibition:

(1) By delivering on the ______ day of ______, 20___ a copy of the preliminary order and a copy of the petition to each of the within-named respondents

(2) By leaving on the ______ day of ______, 20___ for each of the within-named respondents ____________ a copy of the
preliminary order and a copy of the petition at the respective dwelling place or usual place of abode of said respondents with some person of his or her family over the age of 15 years;

(3) _________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________

All done in ____________ County, Missouri

________________________________________________________________________________ Sheriff of _________ County,
Missouri

By ________________________________________________________________________________

Sheriff's fees:

Preliminary Order )

Non est )

Mileage )

)

Total ) __________

Directions to Sheriff

A copy of the preliminary order and a copy of the petition must be served on each respondent. For methods of service in all civil actions see Rule 54.