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Supreme Court Rules



Section/Rule:
91.21

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

Topic:
Warrant in Lieu of Writ
Revised / Effective Date:
January 1, 1994

91.21. Warrant in Lieu of Writ

When the court finds that any person is illegally restrained of liberty and that there is good cause to believe that the person will be removed from the state or suffer some irreparable injury before the person can be relieved by a writ of habeas corpus, any court authorized to issue such writs may issue a warrant reciting the facts directed to any officer or other person commanding the officer or person to take the person so restrained and bring that person forthwith before the court to be dealt with according to law. A copy of the warrant shall be served on the restraining person together with an order directing the restraining person to file an answer as provided in Rule 91.09.

Proceedings thereafter shall be as if a writ of habeas corpus had been originally issued.

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

Committee Note - 1983