If the court is of the opinion that the preliminary order in mandamus should be granted, such order shall be issued.
Rule 94.04.Grant of Preliminary Order.
Part III · Rule 94: Mandamus · Last amended January 1, 1981 · Last verified July 22, 2026
In one sentenceRule 94.04 states that once a court decides a preliminary order in mandamus is warranted, the court issues that order, moving the case into its next stage.
Full Text of Rule 94.04
Amendment History
Adopted June 5, 1980, eff. Jan. 1, 1981.
Official Comment
This is new. Compare: Federal Rule of Appellate Procedure 21(b).
Plain-English Summary
Rule 94.04 marks a short but meaningful checkpoint in a mandamus case. After the petition is filed under Rule 94.03, the court reviews it and decides whether a preliminary order in mandamus should issue. If the court concludes that it should, the order is issued.
That preliminary order is not a final ruling on the merits. It is a gatekeeping decision that opens the door to the next phase of the case, in which the respondent is directed to answer, as described in Rule 94.05. Until a preliminary order issues, the case has not yet moved past the petition stage.
Frequently Asked Questions
What is a preliminary order in mandamus?
It is the court's initial decision, after reviewing the petition, that the case should move forward, opening the door to an answer from the respondent.
Does the court hold a hearing before deciding whether to grant a preliminary order?
Rule 94.04 does not require one; it only provides that the court issues the order once it decides one is warranted based on the petition.
Is a preliminary order the same as a final ruling in favor of the relator?
No. It is a preliminary step that allows the case to proceed, not a final judgment on the underlying claim.
What happens after a preliminary order in mandamus issues?
Under Rule 94.05, the order directs the respondent to file an answer within the time the order sets, and the clerk arranges for it to be served along with the petition.
Can a court decline to issue a preliminary order?
Yes. Rule 94.04 addresses what happens when the court decides the order should issue; if the court is not persuaded, the preliminary order does not issue.
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: preliminary order mandamuswrit of mandamus Missouri proceduremandamus preliminary order grantedmandamus next steps