Missouri Laws 530.040 – Petition — preliminary writ — proceedings
1. Applications for the remedy of prohibition shall not be joined with any other or different cause of action, and shall be made by petition, in which the substantive facts relied upon shall be stated and such petition shall be heard in the first instance, on presentation, summarily, or upon such notice to the adverse party as the court or a judge thereof in vacation, may order.
2. And if upon such hearing the petition be held sufficient in law, and be supported by some persuasive evidence of its truth, the court, or judge in vacation, may, upon such terms as may be just, make a preliminary rule or order upon the defendant to show cause to the court upon a specified day why a final judgment in prohibition should not be entered, and commanding the defendant, if deemed necessary, to meanwhile refrain from all action in the premises until further order.
Terms Used In Missouri Laws 530.040
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- In vacation: includes any adjournment of court for more than one day whenever any act is authorized to be done by or any power given to a court, or judge thereof in vacation, or whenever any act is authorized to be done by or any power given to a clerk of any court in vacation. See Missouri Laws 1.020
- Service of process: The service of writs or summonses to the appropriate party.
3. And such rule or order shall be served upon the defendant before the return day, in the mode provided for the service of process in other civil actions, unless otherwise prescribed by the court or judge, and a failure to obey such rule or order shall subject the defendant to the penalties of contempt.