Part II · Rule 84: Procedure in All Appellate Courts · Last amended July 1, 2020 · Last verified July 22, 2026
In one sentenceRule 84.24 governs the entire course of an original remedial writ proceeding — filing the petition, writ summary, and docket fee, the timeline for opposition and issuance of a preliminary writ, the record the court considers, and the briefing schedule and further-review path once a writ issues.
(a)Proceedings on petitions for original remedial writs shall be as prescribed in these Rules 84.22 through 84.26 and in Rules 91 through 98 as applicable. Petitions for original remedial writs shall be accompanied by a docket fee in the amount specified by Rule 81.04(d).
The petition shall be filed by the clerk of the court to which it is presented upon presentation of:
(1)The petition and the writ summary, which shall not exceed one page exclusive of the caption and identity of the parties and their attorneys in the underlying action, substantially in conformity with Civil Procedure Form No. 16;
(2)Suggestions in support of the petition;
(3)The docket fee; a statement citing specific statutory or other authority demonstrating a docket fee is not required by law; or a motion to proceed in forma pauperis; and
(4)Proof of service, prior to or on the day of presentation of the petition for filing, of a copy of the petition, the writ summary, and the suggestions in support of the petition upon the respondent and, if applicable, all parties in the underlying action. Such proof of service shall state the name, address, electronic mail address, and telephone number of:
(A)Each attorney served and the name of the party such attorney represents, and
(B)Each self-represented party served.
(b)The filing of a petition for an original remedial writ does not affect the authority of the respondent to act or the validity of the respondent’s action.
(c)Within ten days after the filing of the petition for an original writ, the respondent may file suggestions in opposition to the issuance of the writ. Within that same time, any party in the underlying matter may file suggestions in opposition, either individually or jointly with any other person filing such suggestions.
(d)Except as provided in Rule 84.24(e), the writ shall not issue before the expiration of the time for the respondent to file suggestions in opposition to the issuance of the writ. A denial of the petition for the writ may be made at any time after filing of the petition. If a preliminary writ is issued, an answer to the petition shall be filed within such time as the court specifies by order. Within that same time, any party in the underlying matter may file an answer to the petition, either individually or jointly with any other person filing an answer. In issuing a preliminary writ, appellate courts may use the forms approved for use in the circuit courts or employ other language as the circumstances may require.
(e)Whenever in the judgment of the court the purpose of the writ would be defeated if the time limits set forth in Rule 84.24(c) or Rule 84.24(d) are enforced, the court, on motion of the petitioner or relator or on its own motion, may shorten the time for filing suggestions in opposition to the petition or dispense with such time limits altogether, and it may issue the writ upon the expiration of the time as so shortened or, if the court dispenses with such time, immediately.
(f)Oral argument will not be granted on petitions for original remedial writs.
(g)The petition for the writ, together with the suggestions in support thereof, any exhibits accompanying the petition, all suggestions in opposition, the writ and return of service thereon, the answer made to the petition for the writ, and all other papers, documents, orders, and records filed in the appellate court constitute the record. No record under Rule 81.12 is required.
(h)If the writ is issued, briefs shall be filed as is required on appeals, except that the time for filing the briefs shall be as follows: The brief of the petitioner or relator shall be filed within 30 days from the answer date in the preliminary order; respondent’s brief shall be filed within 20 days thereafter; and if petitioner or relator desires to file a reply brief, it shall be filed within ten days thereafter. When a master is appointed, the time for filing briefs shall date from the filing of the report or, if exceptions are filed, from the time of disposition of the exceptions.
(i)Whenever in the judgment of the court the procedure heretofore required would defeat the purpose of the writ, the court may dispense with such portions of the procedure as is necessary in the interest of justice.
(j)No petition for a writ of habeas corpus for the purpose of having the petitioner admitted to bail in any criminal case, either before trial or while such is pending in the appellate court upon appeal, shall be considered unless service of the petition and suggestions in support thereof, as required by Rule 84.24(a), be made upon the attorney general in cases pending upon appeal or otherwise on the prosecuting officer of the jurisdiction in which such criminal case originated.
(k)If a permanent writ in mandamus or prohibition is ordered to issue, the court shall issue an opinion setting out its reasons for issuing the writ. The opinion shall be filed contemporaneously with the order to issue the writ or, if exigent circumstances require, within a reasonable time after the issuance of the writ.
(l)If a permanent writ is denied without an opinion issuing, a motion for reconsideration of the court’s action, however denominated, shall not be filed.
(m)If the court disposes of a petition for a writ by the issuance of an opinion, further review of the action shall be allowed only as provided in Rule 83 and Rule 84.17.
Amendment History
Adopted June 28, 2011, eff. Jan. 1, 2012; Corrected Aug. 23, 2011, eff. Jan. 1, 2012; Amended May 19, 2016, eff. Jan. 1, 2017; Amended Nov. 19, 2019, eff. July 1, 2020.
Plain-English Summary
Rule 84.24 is the procedural backbone for original remedial writs in Missouri’s appellate courts. A petition is filed with the docket fee described in Rule 81.04(d), a one-page writ summary substantially following the approved form, suggestions in support, and proof of service — made before or on the day of filing — on the respondent and, where applicable, all parties in the underlying action, with the server’s name, address, email, and phone number stated for each attorney and self-represented party served. Filing the petition doesn’t affect the respondent’s authority to act or the validity of anything the respondent has already done.
The respondent, and any party in the underlying matter, may file suggestions in opposition within ten days after the petition is filed. Ordinarily the writ won’t issue before that ten-day window closes, though the petition can be denied at any time after filing. If the court issues a preliminary writ, it sets the deadline for an answer, and any party in the underlying matter may also answer within that time. When enforcing the normal time limits would defeat the purpose of the writ, the court — on its own motion or the petitioner’s — may shorten those limits or dispense with them altogether and issue the writ once the shortened time runs, or immediately if the time is dispensed with entirely. Oral argument isn’t granted on writ petitions.
If the writ issues, briefing follows the same general model as an ordinary appeal but on a compressed schedule: the petitioner’s or relator’s brief is due 30 days from the answer date set in the preliminary order, the respondent’s brief 20 days after that, and any reply 10 days after that. The record consists of the petition, suggestions, exhibits, suggestions in opposition, the writ and its return, the answer, and everything else filed in the appellate court — no separate record under Rule 81.12 is required. A petition seeking habeas corpus bail in a pending criminal case must be served on the attorney general or the relevant prosecuting officer. If a permanent writ in mandamus or prohibition issues, the court must issue an opinion explaining its reasons, filed with the order or within a reasonable time after it in exigent circumstances. If a permanent writ is denied without an opinion, no motion for reconsideration may be filed. Once the court disposes of a writ petition by opinion, further review runs only through Rule 83 (transfer) and Rule 84.17 (post-disposition motions).
Frequently Asked Questions
What must I file to start an original writ proceeding?
The petition, a one-page writ summary, suggestions in support, the docket fee (or an exemption statement or in forma pauperis motion), and proof of service.
Does filing a writ petition stop the respondent from acting?
No, filing the petition doesn’t affect the respondent’s authority to act or the validity of the respondent’s action.
How long does the respondent have to oppose the petition?
Ten days after the petition is filed.
Will I get oral argument on a writ petition?
No, oral argument isn’t granted on petitions for original remedial writs.
What happens if a permanent writ of mandamus or prohibition is ordered to issue?
The court must issue an opinion setting out its reasons, filed with the order or within a reasonable time afterward if circumstances require it.
Can I ask the court to reconsider if my writ petition is denied without an opinion?
No, a motion for reconsideration isn’t permitted when a permanent writ is denied without an opinion.
How do I seek further review after a writ is decided by opinion?
Only through an application for transfer under Rule 83 or a post-disposition motion under Rule 84.17.
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 petition procedure Missouriwrit summary and Form 16preliminary writ of mandamus or prohibitionhabeas corpus bail petition servicefurther review after a writ opinion