§ Form No. 12 Preliminary Order in Quo Warranto

Form No. 12. Preliminary Order in Quo Warranto

CIRCUIT COURT FOR THE COUNTY OF __________ STATE OF MISSOURI

State of Missouri ex inf.

_____________________________
Relator

vs.
No. __________

_____________________________
Respondent.

PRELIMINARY ORDER IN QUO WARRANTO

The State of Missouri to Respondent ___________________________________________________.

You are hereby directed to file your pleading to the petition in quo warranto on or before the ___ day of __________, 20___ and to serve a copy of your pleading upon __________, attorney __________ for relator __________, whose address is __________

If you fail to do so, judgment by default will be taken against you for the relief demanded in the petition.

________________________________________________________________________________ Judge

Dated __________

Directions to Clerk

The clerk should insert in the preliminary order in quo warranto the names of only the respondent or respondents who are to be personally served by the officer to whom the preliminary order is delivered. The preliminary order should be signed by the judge under seal of the court and a copy of the preliminary order and a copy of the petition for each of such respondents should be delivered along with the original preliminary order to the officer or the person who is to make service. The copy of the preliminary order may be a carbon or other copy and should be signed and sealed in the same manner as the original but it is unnecessary to certify the same is a true copy. The copy of the petition may be a carbon or other copy and should be securely attached to the copy of the preliminary order but need not be certified a true copy. If relator has no attorney, the address of relator should be stated in the preliminary order, and the words “attorney ... for” eliminated.

(See Rules 54 and 98.05.)

(Reverse side of Preliminary Order in Quo Warranto)

Return on Service of Preliminary Order

I hereby certify that I have served the within preliminary order in quo warranto:

(1) By delivering on the ___ day of __________, 20___ a copy of the preliminary order and a copy of the petition to each of the within-name respondents;

(2) By leaving on the ___ day of __________, 20___ for each of the within-named respondents

a copy of the preliminary order and a copy of the petition at the respective dwelling place or usual place of abode of said respondents with some person of his or her family over the age of 15 years;

(3) _________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________

All done in __________ County, Missouri.

Sheriff's fees:

Preliminary Order ) Sheriff of _____________ County, Missouri

Non Est )

) By ______________________________________________

Mileage )

Total ) __________

Directions to Sheriff

A copy of the preliminary order and a copy of the petition must be served on each respondent. For methods of service in all civil actions see Rule 54.