Original writs or other process may be issued by this Court en banc, or by either division thereof, or by any judge in vacation. Such writ or other process may be made returnable to and disposed of by the court en banc or by any division. Original writs or other process may be issued by any district of the Court of Appeals en banc, or by any division thereof, or by any judge in vacation. Such writ or other process may be made returnable to and disposed of by the district of the Court of Appeals en banc or by any division.
Rule 84.23.Return of Original Writs.
Part II · Rule 84: Procedure in All Appellate Courts · Last amended January 1, 1980 · Last verified July 22, 2026
In one sentenceRule 84.23 authorizes the Missouri Supreme Court and each Court of Appeals district, acting en banc, by division, or through a single judge in vacation, to issue original writs and make them returnable to and decided by that same body.
Full Text of Rule 84.23
Amendment History
Adopted June 13, 1979, eff. Jan. 1, 1980.
Plain-English Summary
Rule 84.23 identifies who may issue an original writ and where it goes once issued. Original writs or other process may be issued by this Court en banc, by either division of it, or by any judge in vacation, and such a writ may be made returnable to and disposed of by the court en banc or by a division. The same structure applies to any district of the Court of Appeals: original writs may issue en banc, by division, or by a single judge in vacation, and may be made returnable to and disposed of by that district en banc or by a division.
Frequently Asked Questions
Can a single judge issue an original writ?
Yes, a judge acting in vacation may issue one.
Does the full court have to decide a writ it issued?
Not necessarily — the writ may be made returnable to and disposed of by the court en banc or by a division.
Does this rule apply to the Court of Appeals as well as the Supreme Court?
Yes, both may issue and dispose of writs en banc, by division, or through a judge in vacation.
How does this rule differ from Rule 84.24?
This rule addresses who may issue a writ and where it is returnable; Rule 84.24 sets out the actual filing and briefing procedure once a writ proceeding is underway.
Is a writ tied to whichever division or judge issued it?
The rule ties disposition to the issuing court or district, en banc or by division, instead of to the petitioner’s preference.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as: original writ issuance Missouri courtwrit returnable en banc or by divisionjudge in vacation issuing a writreturn of original writs