Proceedings in quo warranto in a circuit court shall be as prescribed in this Rule 98 and in this Court or the court of appeals shall be as prescribed in Rule 84.22 to Rule 84.26, inclusive, and this Rule 98. In all particulars not provided for by the foregoing provisions, proceedings in quo warranto shall be governed by and conform to the rules of civil procedure and the existing rules of general law upon the subject and the court may, by order, direct the form of such further details of procedure as may be necessary to the orderly course of the action or to give effect to the remedy.
Rule 98.01.Quo Warranto--General.
Part III · Rule 98: Quo Warranto · Last amended January 1, 1981 · Last verified July 22, 2026
In one sentenceRule 98.01 sets quo warranto procedure in the circuit court under Rule 98, sets it in the Supreme Court or court of appeals under Rules 84.22 through 84.26 plus Rule 98, and fills any remaining gaps with the general rules of civil procedure and existing law.
Full Text of Rule 98.01
Amendment History
Adopted June 5, 1980, eff. Jan. 1, 1981.
Official Comment
This is new.
Plain-English Summary
Quo warranto is the writ that asks a court to decide whether someone has a lawful right to hold a public office or whether a corporation has a lawful right to exercise a particular franchise or power. Rule 98.01 opens Rule 98 the same way Rule 97.01 opens the prohibition rules: by pointing to which set of procedures applies at each level of court.
A quo warranto case filed in a circuit court proceeds under Rule 98. One filed in the Supreme Court or a court of appeals draws on the same appellate rules used for prohibition, Rules 84.22 through 84.26, together with Rule 98. That parallel structure means a lawyer who understands how the appellate layer works for prohibition already understands most of how it works for quo warranto.
As with prohibition, the rule closes any remaining gaps by falling back on the general rules of civil procedure and the existing law on the subject, and it lets the court order whatever further procedural details the orderly course of the action, or the effectiveness of the remedy, may require.
Frequently Asked Questions
What is a quo warranto action?
A civil action asking the court to determine whether a person has a lawful right to hold a public office, or a corporation has a lawful right to exercise a particular franchise.
How is quo warranto different from prohibition?
Prohibition stops a tribunal from exceeding its authority in a pending matter; quo warranto instead tests someone's underlying right to hold an office or exercise a corporate franchise.
Where is a quo warranto case filed?
It may be filed in a circuit court, which proceeds under Rule 98, or in the Supreme Court or a court of appeals, which also draws on Rules 84.22 through 84.26.
What happens if Rule 98 does not address a procedural question?
The general rules of civil procedure and existing law fill the gap, and the court may order any additional procedure the case needs.
Who typically brings a quo warranto action?
Rule 98.02, the next rule in this group, identifies who may serve as relator, including the attorney general and certain local prosecuting officials.
Does Rule 98.01 decide who wins a quo warranto case?
No. It is a procedural rule identifying which rules govern the case; the merits are decided under the rest of Rule 98 and existing law.
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
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