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 entitled thereto.
Rule 91.05.Writ or Show Cause Order to be Granted Without Delay.
Part III · Rule 91: Habeas Corpus · Last amended January 1, 1983 · Last verified July 22, 2026
In one sentenceRule 91.05 requires a court receiving a habeas corpus petition to grant the writ immediately or issue a show-cause order to the respondent, unless the petition itself shows the restrained person is not entitled to relief.
Full Text of Rule 91.05
Amendment History
Adopted June 24, 1982, eff. Jan. 1, 1983.
Official Comment
The source is prior Rule 91.04. The only procedural change is the addition of the federal practice of allowing the court to issue a show cause order so that it will not always be necessary to produce the person restrained at the commencement of the proceedings. Compare: 28 U.S.C. Section 2243.
Plain-English Summary
Rule 91.05 sets a strong default in favor of prompt action once a habeas corpus petition reaches a court. The court must forthwith either grant the writ or issue an order directing the respondent to show cause why the writ should not be granted. The rule allows only one exception: if the petition on its face shows that the restrained person is not entitled to relief, the court need not grant the writ or issue a show-cause order.
The show-cause option gives courts a practical middle step. Instead of being forced to grant the writ outright or dismiss the petition, the court can direct the respondent to explain the restraint first. That lets the court gather the respondent’s side before deciding whether the restrained person must be produced or released, and it avoids demanding the restrained person’s immediate production in every case at the outset of the proceeding.
Frequently Asked Questions
What must a court do when it receives a habeas petition?
It must forthwith grant the writ or issue an order directing the respondent to show cause why the writ should not be granted.
Is there any situation where the court can decline to act?
Yes. If the petition itself shows that the restrained person is not entitled to the writ, the court need not grant it or issue a show-cause order.
What is a show-cause order?
It is an order directing the respondent to explain why the writ of habeas corpus should not be granted, used instead of granting the writ outright.
Does a show-cause order require producing the restrained person immediately?
No, that is the point of the show-cause option; it lets the court hear from the respondent before requiring production of the restrained person.
How quickly must the court act under this rule?
The rule uses the word forthwith, meaning the court is expected to act without delay upon receiving the petition.
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: show cause order habeas corpusgrant writ of habeas corpushabeas corpus without delay Missouriforthwith writ requirement