Rule 1.1302.By whom brought

Because quo warranto is brought in the state's name, rule 1.1302 has to answer a practical question: whose decision is it to bring one? Rule 1.1302(1) starts with the county attorney of the county where the action lies, giving that office discretion to bring the action on its own judgment. That discretion narrows to a duty in specific circumstances — the county attorney must bring the action when directed to do so by the governor, the general assembly, or the supreme or district court. If the county attorney would be a defendant in the action, the attorney general steps in instead, with the same discretion to bring it and the same duty to do so when so directed.

Rule 1.1302(2) gives a private citizen a path in when the county attorney won't act. If, on demand of any citizen of the state, the county attorney fails to bring the action, the attorney general may bring it instead. If the attorney general also doesn't act, the citizen can apply to the court where the action lies for leave to bring the action personally. That leave comes with a condition — the citizen must file a bond for costs, in an amount the court fixes, with sureties the clerk approves. Once that bond is filed and leave is granted, the citizen may bring the action and prosecute it through to completion.