(a) Proceedings in habeas corpus in a circuit court shall be as prescribed in this Rule 91 and in this Court or the court of appeals shall be as prescribed in Rule 84.22 to 84.26, inclusive, and this Rule 91. In all particulars not provided for by the foregoing provisions, proceedings in habeas corpus shall be governed by and conform to the rules of civil procedure and the existing rules of general law upon the subject. The court may, by order, direct the form of such further details of procedure as may be necessary to the orderly course of the action to give effect to the remedy.
Rule 91.01.Habeas Corpus--General--Who May Petition for--Form of Action.
Part III · Rule 91: Habeas Corpus · Last amended July 1, 1997 · Last verified July 22, 2026
In one sentenceRule 91.01 opens Missouri’s habeas corpus procedure, letting anyone restrained of liberty in the state petition for a writ, treats the case as a civil action with a petitioner and a respondent, and lets courts fill procedural gaps by order.
Full Text of Rule 91.01
(b) Any person restrained of liberty within this state may petition for a writ of habeas corpus to inquire into the cause of such restraint. Custody of a child may be the subject of a proceeding in habeas corpus.
(c) A habeas corpus proceeding shall be a civil action in which the person seeking relief is petitioner and the person against whom such relief is sought is respondent. If appropriate, there may be multiple petitioners or multiple respondents.
Amendment History
Adopted June 24, 1982, eff. Jan. 1, 1983; Amended Sept. 28, 1993, eff. Jan. 1, 1994; Amended Oct. 22, 1996, eff. July 1, 1997.
Official Comment
The source is prior Rule 91.01. The second sentence concerning the custody of children being the subject of habeas corpus is not intended to change existing law as to when the remedy is available but has been added simply to call attention to the fact that the remedy may be available in certain situations. Prior Rule 91.60 purports to give a habeas corpus remedy in child custody cases but there are not any reported cases that fit the very limited factual situation described in that rule. The remedy of habeas corpus in child custody cases has developed independent of statute or rule. Prior Rule 91.60 has been deleted because it is misleading and is so narrow in scope that it is meaningless. A habeas corpus action shall be styled in the name of the person whose liberty or custody is to be affected and the names of the petitioner and respondent thus: In re ______________________ , Petitioner vs. ______________________ Respondent See Rule 24.035 and Rule 29.15 for the exclusive remedy in certain situations. Amended Feb. 20, 1987, eff. Jan. 1, 1988.
Plain-English Summary
Rule 91.01 lays the foundation for every habeas corpus case filed in a Missouri circuit court. It tells courts to follow Rule 91 for circuit court proceedings and Rules 84.22 through 84.26 together with Rule 91 for cases in the Supreme Court or a court of appeals. Where those rules leave a gap, the general rules of civil procedure and the existing law on habeas corpus fill it, and the court itself may order whatever additional procedure the case needs to move forward in an orderly way.
The rule then states who can use the remedy: any person restrained of liberty within Missouri may petition for a writ of habeas corpus asking a court to examine why that restraint exists. The rule also confirms that a child custody dispute can be the subject of a habeas corpus proceeding, a point the drafters added mainly to flag that the remedy sometimes reaches beyond criminal confinement.
Finally, the rule frames habeas corpus as a civil action instead of a criminal one. The person seeking release or relief is the petitioner; the person holding or restraining that person is the respondent. A case can have more than one petitioner or more than one respondent when the facts call for it, such as when several people share custody or restraint over the person whose liberty is at issue.
Frequently Asked Questions
Who can file a habeas corpus petition in Missouri?
Any person restrained of liberty within Missouri may petition for a writ of habeas corpus, and the petition may also be brought on that person’s behalf by someone else acting for them.
Is a habeas corpus case a civil or criminal proceeding?
Rule 91.01 makes it a civil action. The person seeking relief is called the petitioner, and the person holding or restraining that person is called the respondent.
Can a habeas corpus petition address child custody?
Yes. The rule states that custody of a child may be the subject of a habeas corpus proceeding, though it does not change the underlying law on when that remedy is available.
What happens if the rules don’t cover a specific procedural question?
The rule directs courts to follow the general rules of civil procedure and existing legal principles on habeas corpus, and it allows the court to order whatever further procedure is needed to give the remedy effect.
Can a habeas corpus case have more than one petitioner or respondent?
Yes, when appropriate. The rule expressly allows multiple petitioners or multiple respondents in a single proceeding.
Do the same rules apply in the Supreme Court and courts of appeals?
Largely yes, but proceedings in the Supreme Court or a court of appeals also draw on Rules 84.22 through 84.26 in addition to Rule 91.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as: writ of habeas corpus Missourihabeas petitionunlawful restraint of libertychild custody habeas corpuspetitioner and respondent habeasRule 91 Missouri