(a) Time. The person served shall file an answer at the time designated in the writ or order.
Rule 91.09.Answer--Time For--Contents--Attachments.
Part III · Rule 91: Habeas Corpus · Last amended January 1, 1994 · Last verified July 22, 2026
In one sentenceRule 91.09 requires the person served with a habeas corpus writ to answer by the deadline in the writ, address whether and why the restraint exists, disclose any transfer of custody before service, and attach any written authority for the restraint.
Full Text of Rule 91.09
(b) Contents. The answer shall be directed to the petition and shall also contain:
(1) A statement whether the person who is allegedly restrained is being restrained by respondent and, if so, the circumstances and authority for such restraint;
(2) If the person filing the answer shall have had the person under restraint at any time before service of the writ or order and has transferred the person to another, a statement to whom, at what time, for what cause, and by what authority such transfer took place.
(c) Attachment to Answer. If the person is restrained by virtue of any writ, order, warrant, or other written authority, a copy shall be attached to the answer.
Amendment History
Adopted June 24, 1982, eff. Jan. 1, 1983; Amended Sept. 28, 1993, eff. Jan. 1, 1994.
Official Comment
The source of paragraph (a) is prior Rule 91.14. The sources of paragraph (b) are prior Rules 91.16 and 91.17. The source of paragraph (c) is prior Rule 91.16.
Plain-English Summary
Rule 91.09 sets the timing and content requirements for the respondent’s answer to a habeas corpus petition. The answer is due at the time set in the writ or order to show cause, which under Rule 91.07 is ordinarily no later than three days after service.
The content requirements ensure the court gets a clear picture of the restraint. The answer must respond directly to the petition, and it must state whether the respondent is in fact restraining the person named, and if so, the circumstances and the legal authority for that restraint. If the respondent had custody of the person at some point before service but has since transferred that person to someone else, the answer must say who received the person, when the transfer happened, why it happened, and under what authority.
Finally, if the restraint rests on a writ, order, warrant, or other written authority, a copy of that document must be attached to the answer, so the court can examine the actual basis for the restraint alongside the respondent’s explanation.
Frequently Asked Questions
When must the answer to a habeas corpus petition be filed?
At the time designated in the writ or order to show cause.
What must the answer say about the restraint?
Whether the person allegedly restrained is in fact being restrained by the respondent, and if so, the circumstances and authority for that restraint.
What if the respondent transferred custody before being served?
The answer must state to whom the person was transferred, when, for what reason, and under what authority.
Does the answer need supporting documents?
Yes. If the restraint is based on a writ, order, warrant, or other written authority, a copy must be attached to the answer.
Must the answer respond to the petition itself?
Yes, the answer must be directed to the petition in addition to meeting the other content requirements.
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: answer to habeas corpus petitionrespondent answer contents Missouricustody transfer habeas answeranswer time deadline habeas