Rule 98.02.Form of Action--Parties.

Quo warranto is not something any private citizen can file on their own initiative. Rule 98.02 channels it through public officials, though it leaves room for private involvement. The action is a civil action brought in the name of the State of Missouri, with the party seeking relief called the relator and the party facing the challenge the respondent.

The rule lists two categories of officials who may act as relator. The attorney general may bring the action on personal information, meaning on the attorney general's own initiative, or at the relation of any person with a special interest in the subject matter. A prosecuting attorney or county counselor has the same two options, and the rule adds a geographic limit naming the prosecuting attorney alone: a prosecuting attorney's filing is restricted to matters pertaining solely to that official's own county or circuit.

When one of these officials brings the case at the relation of a private person instead of on personal information, that official may authorize the private relator to prosecute the action through to its final conclusion. This lets an interested individual, someone with a real special interest in an office or franchise, drive the litigation forward under the umbrella of the state's authority. As in prohibition cases, the rule also allows multiple relators or multiple respondents when a case involves more than one.