If the court is of the opinion that the preliminary order in prohibition should be granted, such order shall be issued.
Rule 97.04.Grant of Preliminary Order.
Part III · Rule 97: Prohibition · Last amended January 1, 1981 · Last verified July 22, 2026
In one sentenceRule 97.04 provides that once the court concludes a preliminary order in prohibition should be granted, that order shall issue, making the preliminary order the court's first checkpoint before the case proceeds further.
Full Text of Rule 97.04
Amendment History
Adopted June 5, 1980, eff. Jan. 1, 1981.
Official Comment
The source is prior Rule 97.02. Compare: Federal Rule of Appellate Procedure 21(b).
Plain-English Summary
Rule 97.04 is short, but it marks a hinge point in a prohibition case. After the relator files the petition under Rule 97.03, the court has to decide whether the case is worth pursuing further. If the court forms the opinion that a preliminary order should be granted, the rule requires that order to issue.
A preliminary order is not the final word. It does not decide whether the respondent exceeded its authority; it opens the door to the next stage, in which the respondent will be required to answer and the merits can be tested. Think of it as the court's initial judgment that the petition presents something serious enough to warrant a formal response, not a final ruling in the relator's favor.
Because the rule is phrased as a direct consequence, once the court reaches that opinion, the order must issue; it functions as a gatekeeping step instead of an open-ended discretionary review. The content of that preliminary order, and how it must be served, is spelled out in the rules that immediately follow.
Frequently Asked Questions
What is a preliminary order in prohibition?
It is the court's initial order, issued after reviewing the petition, that starts the formal proceeding by requiring the respondent to answer.
Does the court have to grant a preliminary order in every case?
No. The order issues only if the court is of the opinion, after reviewing the petition, that it should be granted.
Is a preliminary order the same as a permanent writ of prohibition?
No. It is an early-stage order that starts the case moving; a permanent writ, if one issues, comes later after the respondent has had a chance to answer and the case has been decided.
What happens if the court does not grant a preliminary order?
Rule 97.04 does not itself describe that outcome; it addresses only what happens once the court decides the order should be granted.
What comes after a preliminary order issues?
The following rules describe its required contents and service, and the respondent then has an opportunity to answer under Rule 97.07.
Who decides whether to grant a preliminary order?
The court in which the petition was filed, whether that is a circuit court, the court of appeals, or the Supreme Court.
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 in prohibitionMissouri Rule 97.04first step writ of prohibitioncourt grants preliminary writ