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 a judge out of court in which event the writ or order shall be signed by the judge. The writ or order shall be directed to the person having custody of the person restrained and shall designate a time for filing an answer to the petition, which shall not be later than three days after service. For good cause additional time may be allowed.
Rule 91.07.Form of Writ or Order--To Whom Directed.
Part III · Rule 91: Habeas Corpus · Last amended January 1, 1983 · Last verified July 22, 2026
In one sentenceRule 91.07 sets the required form for a writ or show-cause order, including its caption and title, issuance in the state’s name under seal or a judge’s signature, direction to the custodian, and a deadline of at least three days for filing an answer unless the court allows more time.
Full Text of Rule 91.07
Amendment History
Adopted June 24, 1982, eff. Jan. 1, 1983.
Official Comment
The sources are prior Rules 91.06, 91.07, 91.09 and 91.15. Compare: 28 U.S.C. Section 2243.
Plain-English Summary
Rule 91.07 governs how a writ of habeas corpus, or an order to show cause, must be prepared and issued. It must carry the caption and style of the case, be titled Writ of Habeas Corpus, and be issued in the name of the State of Missouri. When a court issues it, the writ or order must bear the court’s seal; when a judge issues it outside of court, the judge’s signature substitutes for the seal.
The writ or order must be directed to the person having custody of the restrained person, since that is the person who must respond and, ordinarily, produce the restrained person. It must also set a deadline for filing an answer to the petition, and that deadline cannot be later than three days after service. The rule builds in flexibility, though: the court may allow additional time beyond three days for good cause.
Frequently Asked Questions
What title must a writ of habeas corpus carry?
It must be entitled Writ of Habeas Corpus and be issued in the name of the State of Missouri, with the caption and style of the case.
Does the writ need a court seal?
Yes, unless a judge issues it out of court, in which case the judge’s signature is required instead of the seal.
Who is the writ or show-cause order directed to?
The person having custody of the person who is restrained.
How much time does the respondent get to answer?
The writ or order must set a filing deadline no later than three days after service, though the court may allow additional time for good cause.
Can the three-day answer deadline be extended?
Yes, the rule allows additional time to be allowed for good cause.
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 form Missourishow cause order requirementsanswer deadline habeas corpusthree day answer habeas