Section 622.290

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 622

Effective - 28 Aug 1996   

  622.290.  Injunctions, when sought — answer to petition, time to answer — joinder of parties — final judgment. — 1.  Whenever the division shall be of the opinion that a carrier, person or corporation is failing or omitting or about to fail or omit to do anything required of it by law or by order or decision of the division, or is doing anything or about to do anything or permitting anything or about to permit anything to be done, contrary to or in violation of law or of any order or decision of the division, it shall direct the general counsel to the division to commence an action or proceeding in any circuit court of the state of Missouri in the name of the division for the purpose of having such violations or threatened violations stopped and prevented either by mandamus or injunctions.  The division's general counsel shall thereupon begin such action or proceeding by a petition to such court alleging the violation complained of and praying for appropriate relief by way of mandamus or injunction.  Such relief shall not be limited to permanent forms of mandamus and injunction, but shall include all available forms of injunction and mandamus, including temporary restraining 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, within which the carrier, person, or corporation complained of, must answer the petition in cases where an answer is contemplated by Missouri Rules of Court.  In case of default in answer or after answer, the court shall immediately inquire into the facts and circumstances in such manner as the court shall direct without other or formal pleadings, and without respect to any technical requirement.

  3.  Such other persons or corporations as the court shall deem necessary or proper to join as parties in order to make its order, judgment or writs effective may be joined as parties upon application of the division's general counsel.

  4.  The final judgment in any such action or proceeding shall either dismiss the action or proceeding or direct that a writ of mandamus or an injunction, or both, issue as prayed for in the petition or in such modified or other form as the court may determine will afford appropriate relief.

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(L. 1996 S.B. 780)