Rule 94.07.Answer--Motions.
Part III · Rule 94: Mandamus · Last amended January 1, 1981 · Last verified July 22, 2026
Full Text of Rule 94.07
Amendment History
Adopted June 5, 1980, eff. Jan. 1, 1981.
Official Comment
This is new and it changes the former practice of pleading to the alternative writ of mandamus.
Plain-English Summary
Rule 94.07 tells a respondent, and any parties below answering under Rule 94.06, what an answer in a mandamus case is supposed to address: the petition itself. That may sound obvious, but it changed how Missouri mandamus practice worked. Under the older approach, a respondent pleaded to an alternative writ of mandamus instead of the petition directly.
The rule also confirms that an answer is not a stand-alone document with no room for other filings. It may include one or more motions, or be accompanied by them, giving a respondent room to raise procedural or threshold arguments alongside, or as part of, the substantive response to the petition.
Frequently Asked Questions
What must a respondent's answer address in a mandamus case?
The answer must be directed to the petition in mandamus.
Can a respondent file a motion instead of, or along with, an answer?
Yes. Rule 94.07 allows the answer to include one or more motions, or to be accompanied by them.
Did Missouri mandamus practice work differently before this rule?
Yes. The prior practice involved pleading to an alternative writ of mandamus instead of answering the petition directly, a practice this rule changed.
What type of motions might accompany a mandamus answer?
Rule 94.07 does not limit the type of motion; it allows one or more motions to be included with or attached to the answer.
Is there a deadline for filing the answer in a mandamus case?
Yes. The deadline is set by the preliminary order itself, as described in Rule 94.05 and Rule 94.06.