Any pleading may be amended or supplemented as provided in Rule 55.33.
Rule 91.10.Pleadings--Amendments and Supplementation.
Part III · Rule 91: Habeas Corpus · Last amended January 1, 1983 · Last verified July 22, 2026
In one sentenceRule 91.10 allows any pleading filed in a habeas corpus proceeding, including the petition, answer, or reply, to be amended or supplemented following the same procedure set out in Rule 55.33.
Full Text of Rule 91.10
Amendment History
Adopted June 24, 1982, eff. Jan. 1, 1983.
Official Comment
This is new. Compare: 28 U.S.C. Section 2242.
Plain-English Summary
Rule 91.10 keeps habeas corpus pleadings flexible by borrowing the general civil procedure standard for amendments. Instead of creating a separate set of amendment rules just for habeas corpus, it points to Rule 55.33, the standard rule governing when and how pleadings may be amended or supplemented in Missouri civil cases.
This matters because habeas corpus proceedings can move quickly and facts can change as the case develops, whether that means new information about the restraint, a change in custody, or additional legal grounds a party wants to raise. By tying amendment practice to Rule 55.33, the rule gives petitioners and respondents the same tools available in ordinary civil litigation to correct or update their pleadings as the case proceeds.
Frequently Asked Questions
Can pleadings in a habeas corpus case be amended?
Yes. Rule 91.10 allows any pleading to be amended or supplemented as provided in Rule 55.33.
Does habeas corpus have its own separate amendment procedure?
No, it uses the general civil procedure rule on amendments, Rule 55.33, instead of a habeas-specific process.
Who can amend a pleading in a habeas corpus proceeding?
Either party may amend or supplement a pleading, subject to the standards in Rule 55.33.
Why would a party need to supplement a pleading in this context?
Facts about custody, restraint, or the legal basis for the case can change as the proceeding develops, and supplementing the pleading keeps it current.
Is the petition itself considered a pleading that can be amended?
The rule applies to any pleading, and the petition and answer are the core pleadings in a habeas corpus proceeding.
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: amending habeas corpus pleadingssupplemental pleadings habeasRule 55.33 habeas corpusamended petition habeas Missouri