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Rule 94.01.Mandamus--General.

Part III · Rule 94: Mandamus · Last amended January 1, 1981 · Last verified July 22, 2026

In one sentenceRule 94.01 establishes that mandamus proceedings in circuit court follow Rule 94, while mandamus in the supreme court or court of appeals follows Rule 84.22 through Rule 84.26 together with Rule 94, with ordinary civil procedure and general law filling any gaps and the court empowered to set further procedural details.

Full Text of Rule 94.01

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Proceedings in mandamus in a circuit court shall be as prescribed in this Rule 94 and in this Court or the court of appeals shall be as prescribed in Rule 84.22 to Rule 84.26, inclusive, and this Rule 94. In all particulars not provided for by the foregoing provisions, proceedings in mandamus shall be governed by and conform to the rules of civil procedure and the existing rules of general law upon the subject and the court may, by order, direct the form of such further details of procedure as may be necessary to the orderly course of the action or to give effect to the remedy.

Amendment History

Adopted June 5, 1980, eff. Jan. 1, 1981.

Official Comment

This is new.

Plain-English Summary

Mandamus is an extraordinary remedy: a court order compelling a public official or body to carry out a duty that leaves no room for discretion, such as performing an act the law plainly requires. Rule 94.01 sets the framework for how these cases proceed in Missouri's circuit courts, while mandamus filed directly in the supreme court or the court of appeals follows Rule 84.22 through Rule 84.26 as well as this Rule 94.

The rule also builds in flexibility. For anything Rule 94 does not specifically address, mandamus proceedings fall back on the general rules of civil procedure and existing general law on the subject. And if a gap still remains, the court can order whatever further procedural detail is necessary to keep the case moving in an orderly way and to give the remedy its intended effect.

Frequently Asked Questions

What is mandamus?

Mandamus is a civil proceeding used to compel a public official or body to perform a duty that the law requires and that leaves no room for discretion.

Which rules govern a mandamus case filed in circuit court?

Rule 94 governs mandamus proceedings brought in circuit court.

What governs mandamus filed in the supreme court or the court of appeals instead?

Those proceedings follow Rule 84.22 through Rule 84.26, along with Rule 94 where applicable.

What happens if Rule 94 does not address a particular procedural question?

The rules of civil procedure and existing general law on the subject fill the gap, and the court may also order additional procedural details as needed.

Is a mandamus action a request for money damages?

No. Mandamus seeks an order compelling performance of a nondiscretionary duty, not a monetary judgment.

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: mandamus petitionwrit of mandamus Missouricompel public official Missourimandamus procedure