§ Form No. 10 Preliminary Order in Mandamus

Form No. 10. Preliminary Order in Mandamus

CIRCUIT COURT FOR THE COUNTY OF ____________

STATE OF MISSOURI

    State of Missouri ex rel.
    _______________________________________
     Relator

vs.
No. ________

_______________________________________
Respondent.

PRELIMINARY ORDER IN MANDAMUS

The State of Missouri to Respondent _______________

You are hereby directed to file your pleading to the petition in mandamus on or before the ______ day ______, 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 the Clerk

The clerk shall insert in the preliminary order in mandamus 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, 94.05 and 94.06)

(Reverse side of Preliminary Order in Mandamus)

Return on Service of Preliminary Order

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

(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-named 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 of _________    County,
                                                                                                                                                                 Missouri
                              By ________________________________________________________________________________
Sheriff's fees:

Preliminary Order )

Non est )

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.