622.290. Injunctions, when sought--answer to petition, time to answer--joinder of parties--final judgment.
Injunctions, when sought--answer to petition, time to answer--joinderof parties--final judgment.
622.290. 1. Whenever the division shall be of the opinion that acarrier, person or corporation is failing or omitting or about to fail oromit to do anything required of it by law or by order or decision of thedivision, or is doing anything or about to do anything or permittinganything or about to permit anything to be done, contrary to or inviolation of law or of any order or decision of the division, it shalldirect the general counsel to the division to commence an action orproceeding in any circuit court of the state of Missouri in the name of thedivision for the purpose of having such violations or threatened violationsstopped and prevented either by mandamus or injunctions. The division'sgeneral counsel shall thereupon begin such action or proceeding by apetition to such court alleging the violation complained of and praying forappropriate relief by way of mandamus or injunction. Such relief shall notbe limited to permanent forms of mandamus and injunction, but shall includeall available forms of injunction and mandamus, including temporaryrestraining orders, preliminary injunctions, permanent injunctions,preliminary orders of mandamus, and permanent orders of mandamus.
2. It shall thereupon be the duty of the court to specify the time,not exceeding thirty days after service of a copy of the petition, withinwhich the carrier, person, or corporation complained of, must answer thepetition in cases where an answer is contemplated by Missouri Rules ofCourt. In case of default in answer or after answer, the court shallimmediately inquire into the facts and circumstances in such manner as thecourt shall direct without other or formal pleadings, and without respectto any technical requirement.
3. Such other persons or corporations as the court shall deemnecessary or proper to join as parties in order to make its order, judgmentor writs effective may be joined as parties upon application of thedivision's general counsel.
4. The final judgment in any such action or proceeding shall eitherdismiss the action or proceeding or direct that a writ of mandamus or aninjunction, or both, issue as prayed for in the petition or in suchmodified or other form as the court may determine will afford appropriaterelief.
(L. 1996 S.B. 780)