More Categories

Rule 91.04 – Petition-Contents-Attachments

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 relief sought has been made to any higher court to the one to which the petition is presented or that the higher court denied the writ without prejudice to proceeding in a lower court.
(b) Attachment to Petition. If the restraint is by virtue of any warrant, order, or process, a copy thereof must accompany the petition, unless reasons are set forth in the petition constituting good cause for failure to do so.

Mo. R. Civ. P. 91.04

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

Committee Note – 1983

The sources are prior Rules 91.02 and 91.03.

Compare: 28 U.S.C. Section 2242.

.