If the preliminary order in prohibition 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 prohibition or may answer jointly with the respondent or with each other.
Rule 97.06.Prohibition Against Judge of Court of Record.
Part III · Rule 97: Prohibition · Last amended January 1, 1983 · Last verified July 22, 2026
In one sentenceRule 97.06 requires that when a preliminary order in prohibition targets a judge of a court of record, the clerk must also serve the order, petition, and exhibits on every other party below, and those parties may answer, jointly or separately, within the respondent's time to answer.
Full Text of Rule 97.06
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 Prohibition. Compare: Federal Rule of Appellate Procedure 21(b).
Plain-English Summary
Prohibition cases aimed at a judge do not exist in isolation. They arise out of some pending lawsuit before that judge, and the outcome of the prohibition case can affect everyone still litigating that underlying matter. Rule 97.06 recognizes that stake by extending notice beyond the judge who is named respondent.
When the preliminary order is directed to a judge of a court of record, the clerk must serve a copy of the order, the petition, and any exhibits on all the other parties below, meaning the other litigants in the case pending before that judge. Service can follow the methods set out in Rule 43.01 or Rule 54, giving the clerk a choice between service frameworks depending on the circumstances.
Those other parties are not required to sit on the sidelines. Rule 97.06 lets any of them file an answer to the petition in prohibition within the same time the respondent judge has to answer. They may join in with the judge's answer, answer jointly with each other, or file separately, whichever fits their interest in the outcome.
Frequently Asked Questions
Who are the parties below in a prohibition case?
The other litigants in the lawsuit pending before the judge named as respondent, the case that gave rise to the prohibition petition.
Do all parties in the underlying lawsuit get notice of a prohibition case against their judge?
Yes. The clerk must serve them with a copy of the preliminary order, the petition, and any exhibits.
Can other parties join the judge's answer to the petition?
Yes. They may answer jointly with the respondent judge, jointly with each other, or file their own separate answer.
What if a party below does not want to participate in the prohibition case?
Rule 97.06 gives them the opportunity to answer; it does not appear to compel them to do so if they choose not to weigh in.
How does this service requirement differ from the one in Rule 97.05?
Rule 97.05 covers service on the respondent generally; Rule 97.06 adds a further layer specific to cases against a judge of a court of record, extending service to the other parties in the underlying litigation.
What service methods apply under this rule?
Service may be made as provided in Rule 43.01 or Rule 54.
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: prohibition against a judge Missourinotice to parties below prohibitionMissouri Rule 97.06service on underlying case partiesjoint answer prohibition case