Rule 91.12.Reply to Answer.
Part III · Rule 91: Habeas Corpus · Last amended January 1, 1983 · Last verified July 22, 2026
Full Text of Rule 91.12
Amendment History
Adopted June 24, 1982, eff. Jan. 1, 1983.
Official Comment
The source is prior Rule 91.28.
Plain-English Summary
Rule 91.12 gives the petitioner, or the restrained person, a chance to respond to the respondent’s answer. That response takes the form of a written reply, which can deny any facts the answer sets forth and can also allege additional material facts that bear on the case.
This step lets the party seeking relief challenge the respondent’s account of the restraint before the hearing, instead of waiting until the hearing itself to raise disputes over the facts. It rounds out the pleading exchange that begins with the petition and continues through the answer, giving both sides a documented record of what each party claims.
Frequently Asked Questions
Who may file a reply to the respondent’s answer?
The petitioner or the person restrained.
What can the reply do?
It can deny any facts set forth in the answer and allege other material facts.
Must the reply be in writing?
Yes, the rule specifies a written reply.
Is filing a reply required in every case?
The rule frames it as something the petitioner or restrained person may do, addressing facts raised in the answer.
Does the reply replace the original petition?
No, it responds to the answer and supplements the record established by the petition and answer.