Mo. R. Civ. P. 91.01

As amended through November 19, 2024

Rule 91.01 - Habeas Corpus-General-Who May Petition for-Form of Action

(a) Proceedings in habeas corpus in a circuit court shall be as prescribed in this Rule 91 and in this Court or the court of appeals shall be as prescribed in Rule 84.22 to 84.26, inclusive, and this Rule 91. In all particulars not provided for by the foregoing provisions, proceedings in habeas corpus shall be governed by and conform to the rules of civil procedure and the existing rules of general law upon the subject. The court may, by order, direct the form of such further details of procedure as may be necessary to the orderly course of the action to give effect to the remedy.

(b) Any person restrained of liberty within this state may petition for a writ of habeas corpus to inquire into the cause of such restraint. Custody of a child may be the subject of a proceeding in habeas corpus.

(c) A habeas corpus proceeding shall be a civil action in which the person seeking relief is petitioner and the person against whom such relief is sought is respondent. If appropriate, there may be multiple petitioners or multiple respondents.

Mo. R. Civ. P. 91.01

Adopted June 24, 1982, eff. 1/1/1983. Amended Sept. 28, 1993, eff. 1/1/1994; Oct. 22, 1996, eff. 7/1/1997.

Committee Note - 1983

The source is prior Rule 91.01.

The second sentence concerning the custody of children being the subject of habeas corpus is not intended to change existing law as to when the remedy is available but has been added simply to call attention to the fact that the remedy may be available in certain situations.

Prior Rule 91.60 purports to give a habeas corpus remedy in child custody cases but there are not any reported cases that fit the very limited factual situation described in that rule. The remedy of habeas corpus in child custody cases has developed independent of statute or rule.

Prior Rule 91.60 has been deleted because it is misleading and is so narrow in scope that it is meaningless.

A habeas corpus action shall be styled in the name of the person whose liberty or custody is to be affected and the names of the petitioner and respondent thus:

In re ____________________
___________________, Petitioner
vs.
____________________, Respondent

See Rule 24.035 and Rule 29.15 for the exclusive remedy in certain situations.

(Amended Feb. 20, 1987, eff. Jan. 1, 1988.)