Close Close

Clerk Handbooks
Supreme Court Rules



Section/Rule:
91.11

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

Topic:
Person Restrained to be Produced With Answer to Petition - Exception - Custody Pending Judgment
Revised / Effective Date:
January 1, 1983

91.11. Person Restrained to be Produced With Answer to Petition - Exception - Custody Pending Judgment

If a person filing an answer has the custody of the person for whose benefit the writ was issued, he shall produce such person before the court according to the command of the writ unless the writ directs otherwise. Pending determination of the issues, the court may either commit the restrained person to the custody of the sheriff or make such other orders pertaining to the care or custody as circumstances may require. The person filing an answer may state facts showing that because of sickness or other infirmity the restrained person cannot be brought before the court. Upon making such finding the court may proceed in the absence of such person.

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

Committee Note - 1983