Rule 98.06.Answer--Motions.
Part III · Rule 98: Quo Warranto · Last amended January 1, 1981 · Last verified July 22, 2026
Full Text of Rule 98.06
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 order in quo warranto.
Plain-English Summary
Rule 98.06 closes out the quo warranto rules by telling the respondent what an answer must do. It has to be directed to the petition in quo warranto, meeting the relator's stated facts and requested relief head-on, just as Rule 97.07 requires for prohibition.
The rule also gives the respondent the same flexibility found in prohibition practice: the answer may include one or more motions, or those motions may be filed alongside the answer as separate papers. A respondent challenging an official's authority to hold an office, or a corporation's right to a franchise, may need to raise procedural objections at the same time as a substantive defense, and this rule lets both happen together.
Like Rule 97.07, Rule 98.06 changed the earlier practice of pleading to the preliminary order in quo warranto instead of to the petition itself. Directing the answer to the petition keeps the focus on the relator's claims, the document that framed the dispute in the first place.
Frequently Asked Questions
What must the respondent's answer in a quo warranto case address?
The petition in quo warranto, meaning the facts, relief sought, and reasons the relator gave for the preliminary order.
Can the respondent combine an answer with motions?
Yes. The answer may include one or more motions, or be accompanied by them.
Did this rule change earlier Missouri practice?
Yes. It changed the former practice of pleading to the preliminary order in quo warranto, directing the answer instead to the petition.
Is the answer the final ruling in a quo warranto case?
No. It responds to the petition, but the case proceeds from there toward a decision on the merits, potentially including a judgment of ouster.
Does the respondent need a separate filing for motions?
No. Motions may be included within the answer or filed alongside it, whichever the respondent prefers.
How does this rule compare to the prohibition answer rule?
It mirrors Rule 97.07 closely, requiring the answer to address the petition and allowing motions to accompany or be included within it.