by admin | May 13, 2021 | Civil Procedure, Missouri
(a) Time. The person served shall file an answer at the time designated in the writ or order.(b) Contents. The answer shall be directed to the petition and shall also contain: (1) A statement whether the person who is allegedly restrained is being restrained by...
by admin | May 13, 2021 | Civil Procedure, Missouri
(a) By Delivery. The writ of habeas corpus or the order to show cause may be served by delivering the same to the person to whom it is directed or to any other person having custody of the person restrained.(b) By Offer of Delivery and Refusal. When the person to be...
by admin | May 13, 2021 | Civil Procedure, Missouri
Every writ shall be captioned with the style of the case, shall be entitled “Writ of Habeas Corpus,” and shall be issued in the name of the State of Missouri. All such writs or orders to show cause shall be issued under the seal of the court, unless issued...
by admin | May 13, 2021 | Civil Procedure, Missouri
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...
by admin | May 13, 2021 | Civil Procedure, Missouri
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...
by admin | May 13, 2021 | Civil Procedure, Missouri
(a) Contents. The petition shall state: (1) The name or description of the person who is restraining the person’s liberty;(2) The place where the person is detained;(3) Facts showing that the restraint is illegal or improper; and(4) That no petition for the...
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