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Supreme Court Rules



Section/Rule:
91.06

Subject:
Rule 91 - Rules of Civil Procedure - Rules Relating to Special Actions - Habeas Corpus
Publication / Adopted Date:
June 24, 1982

Topic:
Writ Shall Issue Without Petition - When
Revised / Effective Date:
January 1, 1994

91.06. Writ Shall Issue Without Petition - When

Whenever any court of record, or any judge thereof, shall have evidence from any judicial proceedings had before such court or judge that any person is illegally confined or restrained of liberty within the jurisdiction of such court or judge, it shall be the duty of the court or judge to issue a writ of habeas corpus for the person's relief, although no petition be presented for such writ.

(Adopted June 24, 1982, eff. Jan. 1, 1983. Amended Sept. 28, 1993, eff. Jan. 1, 1994.)

Committee Note - 1983