The preliminary order in mandamus shall issue in the name of the state and upon the relation of the relator. The preliminary order shall order the respondent to file an answer within the time fixed by the order. The clerk shall forthwith deliver a copy of the preliminary order, together with a copy of the petition, for service to the sheriff or other person specially appointed to serve it. Service may be made as provided in Rule 54.
Rule 94.05.Preliminary Order--Contents--Service.
Part III · Rule 94: Mandamus · Last amended January 1, 1983 · Last verified July 22, 2026
In one sentenceRule 94.05 requires the preliminary order in mandamus to issue in the state's name on the relator's behalf, direct the respondent to answer by a set deadline, and be served with the petition by the sheriff or another appointed person under Rule 54.
Full Text of Rule 94.05
Amendment History
Adopted June 5, 1980, eff. Jan. 1, 1981; Amended Sept. 10, 1982, eff. Jan. 1, 1983.
Official Comment
This is new. See Official Form for Preliminary Order in Mandamus. Compare: Federal Rule of Appellate Procedure 21(b).
Plain-English Summary
Once a preliminary order in mandamus issues under Rule 94.04, Rule 94.05 sets its required form and how it reaches the respondent. The order issues in the name of the state, upon the relation of the relator, reflecting mandamus's traditional character, and it must order the respondent to file an answer within the time the order fixes.
Getting the order to the respondent is a clerk's responsibility. The clerk forthwith delivers a copy of the preliminary order, together with a copy of the petition, to the sheriff or another person specially appointed to serve it, and that service may be carried out using the methods available under Rule 54, the same service rule used in ordinary civil actions.
Frequently Asked Questions
In whose name does a preliminary order in mandamus issue?
It issues in the name of the state, upon the relation of the relator.
What must the preliminary order require the respondent to do?
It must order the respondent to file an answer within the time the order itself fixes.
Who serves the preliminary order on the respondent?
The clerk forwards a copy of the order and the petition to the sheriff or another person specially appointed to serve it.
Does service in a mandamus case follow the same rules as an ordinary civil lawsuit?
Yes. Rule 94.05 allows service to be made as provided in Rule 54, the general civil service rule.
What happens if the respondent does not answer by the deadline in the preliminary order?
Rule 94.05 sets the deadline itself; consequences for missing it are governed by the broader civil rules and general law that fill gaps under Rule 94.01.
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 mandamus servicemandamus service of process Missourimandamus answer deadlineserve preliminary order mandamus