Rule 84.24.Procedure as to Original Writs.

Rule 84.24 is the procedural backbone for original remedial writs in Missouri’s appellate courts. A petition is filed with the docket fee described in Rule 81.04(d), a one-page writ summary substantially following the approved form, suggestions in support, and proof of service — made before or on the day of filing — on the respondent and, where applicable, all parties in the underlying action, with the server’s name, address, email, and phone number stated for each attorney and self-represented party served. Filing the petition doesn’t affect the respondent’s authority to act or the validity of anything the respondent has already done.

The respondent, and any party in the underlying matter, may file suggestions in opposition within ten days after the petition is filed. Ordinarily the writ won’t issue before that ten-day window closes, though the petition can be denied at any time after filing. If the court issues a preliminary writ, it sets the deadline for an answer, and any party in the underlying matter may also answer within that time. When enforcing the normal time limits would defeat the purpose of the writ, the court — on its own motion or the petitioner’s — may shorten those limits or dispense with them altogether and issue the writ once the shortened time runs, or immediately if the time is dispensed with entirely. Oral argument isn’t granted on writ petitions.

If the writ issues, briefing follows the same general model as an ordinary appeal but on a compressed schedule: the petitioner’s or relator’s brief is due 30 days from the answer date set in the preliminary order, the respondent’s brief 20 days after that, and any reply 10 days after that. The record consists of the petition, suggestions, exhibits, suggestions in opposition, the writ and its return, the answer, and everything else filed in the appellate court — no separate record under Rule 81.12 is required. A petition seeking habeas corpus bail in a pending criminal case must be served on the attorney general or the relevant prosecuting officer. If a permanent writ in mandamus or prohibition issues, the court must issue an opinion explaining its reasons, filed with the order or within a reasonable time after it in exigent circumstances. If a permanent writ is denied without an opinion, no motion for reconsideration may be filed. Once the court disposes of a writ petition by opinion, further review runs only through Rule 83 (transfer) and Rule 84.17 (post-disposition motions).