Application for a judgment in quo warranto shall be made by filing a petition in quo warranto in the appropriate court. The petition in quo warranto shall contain a statement of the facts, the relief sought, and a statement of the reasons why a preliminary order in quo warranto should be issued. The petition shall be accompanied by suggestions in support thereof. A copy of any order, opinion, record or part thereof, document, or other item that may be essential to an understanding of the matters set forth in the petition in quo warranto shall be attached as exhibits if not set forth therein. The pages of the exhibits shall be numbered consecutively. An index of all exhibits also shall be attached. Exhibits shall be identified in the index by number or letter and page and, in addition, shall be described so that the court can distinguish the exhibits.
Rule 98.03.Petition in Quo Warranto--Contents--Exhibits.
Part III · Rule 98: Quo Warranto · Last amended January 1, 2004 · Last verified July 22, 2026
In one sentenceRule 98.03 requires a petition in quo warranto to state the facts, the relief sought, and the reasons a preliminary order should issue, to come with supporting suggestions, and to attach any essential order, opinion, record, or document as a consecutively numbered, indexed exhibit.
Full Text of Rule 98.03
Amendment History
Adopted June 5, 1980, eff. Jan. 1, 1981; Amended April 25 2003, eff. Jan. 1, 2004.
Official Comment
This is new.
Plain-English Summary
Filing for a judgment in quo warranto starts with a petition, and Rule 98.03 sets out what that petition has to contain. It must state the facts of the case, describe the relief the relator is seeking, and explain the reasons a preliminary order in quo warranto should issue. As with prohibition, a bare accusation is not enough; the petition has to make the case for why the court should act.
The petition must be accompanied by suggestions in support, the written argument backing up the request. And just as in a prohibition case, any order, opinion, record, or other document essential to understanding the petition has to be attached as an exhibit if it is not already described within the petition itself.
The organizational requirements mirror those for prohibition exhibits precisely: pages numbered consecutively, and an index identifying every exhibit by number or letter and page, described well enough that the court can tell them apart. That consistency between the two writs makes sense, since both are extraordinary remedies that ask a court to act quickly on a documented record.
Frequently Asked Questions
What must a petition in quo warranto contain?
A statement of the facts, the relief sought, and the reasons a preliminary order in quo warranto should be issued, along with supporting suggestions.
Do I need to attach documents supporting the petition?
Yes, if they are essential to understanding the petition and are not already set out in it, they must be attached as exhibits.
How should exhibits be organized in a quo warranto petition?
Pages must be numbered consecutively, and an index must identify each exhibit by number or letter and page, described so the court can distinguish between them.
Is a quo warranto petition asking for a writ or an order?
The rule frames it as an application for a judgment in quo warranto, made by filing a petition that gives the reasons a preliminary order should issue.
How does this compare to the petition requirements for prohibition?
The requirements track each other closely: facts, relief sought, reasons, supporting suggestions, and indexed, consecutively numbered exhibits are required in both.
What are suggestions in support in this context?
A written statement of the legal argument for why the preliminary order in quo warranto should issue, filed together with the petition.
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: petition in quo warranto contentsMissouri Rule 98.03exhibits index quo warrantosuggestions in support quo warranto petition