(a) By Delivery. The writ of habeas corpus or the order to show cause may be served by delivering the same to the person to whom it is directed or to any other person having custody of the person restrained.
Rule 91.08.Service of Writ or Order.
Part III · Rule 91: Habeas Corpus · Last amended January 1, 1983 · Last verified July 22, 2026
In one sentenceRule 91.08 permits service of a habeas corpus writ or show-cause order by personal delivery, by an offer of delivery that the person refuses, or, when neither works, by posting it at the dwelling or place of restraint.
Full Text of Rule 91.08
(b) By Offer of Delivery and Refusal. When the person to be served refuses to receive service of the writ or order to show cause, the offer of the server to deliver the same and such refusal, when these facts are shown on the server’s return, shall be service.
(c) By Posting. When service of the writ or order to show cause cannot be made pursuant to paragraph
(a) or (b), service may be made by affixing the writ or order in a conspicuous place on the dwelling house of the person to be served or the place where the person is restrained.
Amendment History
Adopted June 24, 1982, eff. Jan. 1, 1983.
Official Comment
The source of paragraph (a) is prior Rule 91.11. The source of paragraph (b) is present Rule 54.20(f). The source of paragraph (c) is prior Rule 91.12.
Plain-English Summary
Rule 91.08 lists three ways to serve a writ of habeas corpus or an order to show cause. The most direct method is delivery: handing the writ or order to the person to whom it is directed, or to any other person who has custody of the restrained person.
The second method covers a person who tries to dodge service. If the person to be served refuses to accept the writ or order, the server’s offer of delivery and the refusal itself count as service, provided the server’s return states those facts. In other words, a person cannot defeat service just by declining to take the papers in hand.
The third method applies only when neither delivery nor offer-and-refusal is possible. In that case, service may be made by posting the writ or order in a conspicuous place on the dwelling house of the person to be served, or at the place where the restrained person is being held.
Frequently Asked Questions
What are the three ways to serve a habeas corpus writ?
Personal delivery to the person named or another custodian, offer of delivery combined with a documented refusal, or posting at the dwelling or place of restraint when neither of those works.
Can someone avoid service by refusing to accept the papers?
No. If the server offers delivery and the person refuses, and the server’s return states those facts, that refusal itself counts as service.
When is posting allowed as a method of service?
Only when service cannot be made by delivery or by offer and refusal.
Where can the writ be posted?
In a conspicuous place on the dwelling house of the person to be served, or at the place where the restrained person is being held.
Who can be served besides the person named in the writ?
Any other person who has custody of the restrained person may be served by delivery.
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: service of habeas corpus writserving show cause order Missouriposting service habeas corpusrefusal of service habeas