Part III · Rule 91: Habeas Corpus · Last amended January 1, 1983 · Last verified July 22, 2026
Adopted June 24, 1982, eff. Jan. 1, 1983.
The sources are prior Rules 91.02 and 91.03. Compare: 28 U.S.C. Section 2242.
Rule 91.04 sets the required content of a habeas corpus petition. The petition must identify the person who is restraining the petitioner’s liberty, by name or description, and state the place where the person is detained. It must also lay out facts showing that the restraint is illegal or improper, since a bare assertion of unlawful confinement is not enough on its own.
The petition must also address prior proceedings. It has to say either that no petition for the same relief has already gone to a higher court, or that a higher court denied the writ without prejudice to trying again in a lower court. This keeps courts from being asked to relitigate a question a higher court has already closed off.
If the restraint rests on a warrant, order, or other process, the petition must attach a copy of that document. The only exception is when the petition itself sets out reasons amounting to good cause for not attaching it, such as when the document is unavailable to the petitioner.
The name or description of the person restraining the petitioner’s liberty, the place of detention, facts showing the restraint is illegal or improper, and whether the relief sought has already been sought from or denied by a higher court.
Yes, if the restraint is based on a warrant, order, or process, a copy must accompany the petition unless the petition explains good cause for not attaching it.
You must disclose that in the petition. If the higher court denied the writ without prejudice to proceeding in a lower court, you may still proceed there.
No. The petition must set out facts showing the restraint is illegal or improper, not just a bare claim.
The rule allows the petition to explain the reasons for the failure to attach it, and those reasons must amount to good cause.