The answer shall be directed to the petition in prohibition. The answer may included or be accompanied by one or more motions.
Rule 97.07.Answer--Motions.
Part III · Rule 97: Prohibition · Last amended January 1, 1981 · Last verified July 22, 2026
In one sentenceRule 97.07 requires the respondent's answer in a prohibition case to be directed to the petition and allows the answer to include, or come with, one or more motions.
Full Text of Rule 97.07
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 preliminary writ of prohibition.
Plain-English Summary
Once the preliminary order issues and is served, the respondent has to respond to the petition itself under Rule 97.07. The rule keeps the pleading requirement simple: the answer must be directed to the petition in prohibition, addressing what the relator has alleged and requested.
The rule also gives the respondent room to combine defenses. The answer may include one or more motions within it, or those motions may accompany the answer as separate filings. That flexibility lets a respondent raise procedural or legal challenges alongside a substantive response, instead of being forced to choose one path or the other.
The official comment behind this rule notes that it changed the earlier practice, under which a respondent pleaded to the preliminary writ itself instead of to the petition. By directing the answer to the petition, Rule 97.07 keeps the pleading focused on the relator's factual and legal claims, the document that started the case, instead of on the court's own preliminary order.
Frequently Asked Questions
What must the respondent's answer address?
The petition in prohibition, meaning the facts, relief sought, and reasons the relator gave for the writ.
Can the respondent file a motion instead of, or with, an answer?
Yes. The answer may include one or more motions, or be accompanied by them.
Did this rule change how respondents used to plead in prohibition cases?
Yes. The rule changed the former practice of pleading to the preliminary writ of prohibition, directing the answer instead to the petition.
Is the answer the final step in a prohibition case?
No. The answer responds to the petition, but the case continues from there toward a decision on the merits of the prohibition claim.
What types of motions might accompany an answer in a prohibition case?
The rule does not list specific motions; it permits the respondent to raise them along with, or as part of, the answer.
Does the respondent have to file a separate document for motions?
No. Motions may be included within the answer itself or filed alongside it, whichever the respondent chooses.
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: answer in prohibition MissouriMissouri Rule 97.07respondent motions prohibition casepleading to petition in prohibition