by admin | May 13, 2021 | Civil Procedure, Missouri
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...
by admin | May 13, 2021 | Civil Procedure, Missouri
If legal cause is shown for the restraint, the person shall be returned to the restraint from which he was taken or committed to such other restraint as may be proper.Mo. R. Civ. P. 91.20Adopted June 24, 1982, eff. Jan. 1, 1983.Committee Note – 1983 The sources...
by admin | May 13, 2021 | Civil Procedure, Missouri
Any order of discharge may be enforced by incarceration in the same manner as provided in Rule 91.13 or by contempt or by any other proper order of the court.Mo. R. Civ. P. 91.19Adopted June 24, 1982, eff. Jan. 1, 1983.Committee Note – 1983 The source is prior...
by admin | May 13, 2021 | Civil Procedure, Missouri
If no legal cause is shown for the restraint, the court shall forthwith order the person discharged.Mo. R. Civ. P. 91.18Adopted June 24, 1982, eff. Jan. 1, 1983.Committee Note – 1983 The sources are prior Rules 91.31 and 91.40. .
by admin | May 13, 2021 | Civil Procedure, Missouri
The court shall forthwith hear and determine the matter.Mo. R. Civ. P. 91.17Adopted June 24, 1982, eff. Jan. 1, 1983.Committee Note – 1983 The source is prior Rule 91.30. Compare: 28 U.S.C. Section 2243.
by admin | May 13, 2021 | Civil Procedure, Missouri
The person upon whom the writ is served shall produce the restrained person at the hearing unless the court otherwise orders.Mo. R. Civ. P. 91.16Adopted June 24, 1982, eff. Jan. 1, 1983.Committee Note – 1983 The source is prior Rule 91.18. Compare: 28 U.S.C....
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