If the preliminary order in mandamus is directed to a judge of a court of record, the clerk shall cause a copy of the preliminary order, together with a copy of the petition and any exhibits thereto, to be served on all other parties below. Service may be made as provided in Rule 43.01 or Rule 54. Any of the parties below may, within the time fixed for the respondent to answer, file an answer to the petition in mandamus or may answer jointly with the respondent or with each other.
Rule 94.06.Mandamus Against Judge of Court of Record.
Part III · Rule 94: Mandamus · Last amended January 1, 1983 · Last verified July 22, 2026
In one sentenceRule 94.06 requires that when a preliminary order in mandamus targets a judge of a court of record, the clerk also serves the order, petition, and any exhibits on the other parties from the underlying case, who may then answer on their own or jointly with the respondent.
Full Text of Rule 94.06
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
Mandamus sometimes takes aim at a judge, asking that judge to be ordered to act in an underlying case. When that happens, the litigants in that underlying case have a stake in the outcome even though they are not the respondent. Rule 94.06 makes sure they find out about it: the clerk causes a copy of the preliminary order, the petition, and any exhibits to be served on all other parties below, using the methods available under Rule 43.01 or Rule 54.
Those parties are not silent bystanders once served. Within the same time fixed for the respondent to answer, any of them may file their own answer to the petition, or answer jointly with the respondent judge or with one another, giving them a real voice in a proceeding that could affect how their own case turns out.
Frequently Asked Questions
What makes Rule 94.06 different from ordinary mandamus service under Rule 94.05?
Rule 94.06 applies specifically when the preliminary order is directed to a judge of a court of record, and it adds a requirement to serve the other parties from the underlying case, not just the judge.
Who are the "parties below" mentioned in Rule 94.06?
They are the parties in the underlying case pending before the judge who is the target of the mandamus petition.
Can the parties below file their own answer to the mandamus petition?
Yes. Rule 94.06 allows any of them to file an answer within the time fixed for the respondent to answer.
Can the parties below join the judge's answer instead of filing their own?
Yes. They may answer jointly with the respondent judge, or jointly with each other.
Why does mandamus against a judge require this extra layer of notice?
Because an order compelling the judge to act could directly affect the outcome of the case pending before that judge, so the parties to that case are given notice and a chance to be heard.
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 against judge Missourimandamus court of recordparties below mandamus noticemandamus service on underlying parties