Supreme Court Rules - Rule 91 - Rules of Civil Procedure - Rules Relating to Special Actions - Habeas Corpus: Writ or Show Cause Order to be Granted Without Delay

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Supreme Court Rules

		Section/Rule:	91.05
Subject:	Rule 91 - Rules of Civil Procedure - Rules Relating to Special Actions - Habeas Corpus	Publication / Adopted Date:	June 24, 1982
Topic:	Writ or Show Cause Order to be Granted Without Delay	Revised / Effective Date:	January 1, 1983

91.05. Writ or Show Cause Order to be Granted Without Delay

A court to which a petition for a writ of habeas corpus is presented shall forthwith grant the writ or issue an order directing the respondent to show cause why the writ should not be granted, unless it appears from the petition that the person restrained is not entitled thereto.

(Adopted June 24, 1982, eff. Jan. 1, 1983.)

Committee Note - 1983

The source is prior

Rule 91.04

The only procedural change is the addition of the federal practice of allowing the court to issue a show cause order so that it will not always be necessary to produce the person restrained at the commencement of the proceedings.

Compare: 28 U.S.C. Section 2243.