If a person filing an answer has the custody of the person for whose benefit the writ was issued, he shall produce such person before the court according to the command of the writ unless the writ directs otherwise. Pending determination of the issues, the court may either commit the restrained person to the custody of the sheriff or make such other orders pertaining to the care or custody as circumstances may require. The person filing an answer may state facts showing that because of sickness or other infirmity the restrained person cannot be brought before the court. Upon making such finding the court may proceed in the absence of such person.
Rule 91.11.Person Restrained to be Produced With Answer to Petition--Exception--Custody Pending Judgment.
Part III · Rule 91: Habeas Corpus · Last amended January 1, 1983 · Last verified July 22, 2026
In one sentenceRule 91.11 requires the person filing an answer who has custody of the restrained person to produce that person before the court as the writ commands, while allowing the court to place the person in the sheriff’s custody pending the outcome or to excuse production for sickness or infirmity.
Full Text of Rule 91.11
Amendment History
Adopted June 24, 1982, eff. Jan. 1, 1983.
Official Comment
The sources are prior Rules 91.18, 91.22, 91.45 and 91.46.
Plain-English Summary
Rule 91.11 addresses what happens to the restrained person while the habeas corpus case is pending. If the person filing the answer has custody of the restrained person, that person must be produced before the court as the writ commands, unless the writ itself directs otherwise.
While the case is being decided, the court has options for handling custody. It may commit the restrained person to the sheriff’s custody, or it may make other orders about care or custody as the circumstances require. This gives the court a way to manage the restrained person’s situation without prejudging the ultimate outcome of the case.
The rule also builds in an exception for a restrained person who cannot physically appear. The person filing the answer may state facts showing that sickness or another infirmity prevents the restrained person from being brought before the court. If the court makes that finding, it may proceed with the case even though the restrained person is not present.
Frequently Asked Questions
Must the restrained person be brought before the court?
Yes, if the person filing the answer has custody of that person, unless the writ directs otherwise.
What happens to custody of the restrained person while the case is pending?
The court may commit the person to the sheriff’s custody or make other orders about care or custody as circumstances require.
Can the case proceed if the restrained person cannot appear?
Yes, if the respondent shows facts of sickness or other infirmity preventing appearance, and the court makes that finding, the case may proceed without the person present.
Who decides whether the restrained person’s absence is excused?
The court, based on facts presented in the answer showing sickness or other infirmity.
What if the writ itself says the person need not be produced?
Then production is not required, since the rule’s duty to produce applies unless the writ directs otherwise.
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: producing restrained person in courtcustody pending habeas judgmentsheriff custody habeas corpusinfirmity excuse habeas appearance