The person served shall comply with the writ or order to show cause even though directed to him by the wrong name or description or to another person. Unless a sufficient excuse is shown, failure to comply with the writ shall authorize the court to order the incarceration of the delinquent until he complies. The court may make any other orders necessary to bring before the court the person for whose benefit the writ of habeas corpus is issued.
Rule 91.13.Disobedience of Writ--Further Proceedings.
Part III · Rule 91: Habeas Corpus · Last amended January 1, 1983 · Last verified July 22, 2026
In one sentenceRule 91.13 requires compliance with a habeas corpus writ even if it names the wrong person or description, authorizes incarceration of anyone who fails to comply without sufficient excuse, and lets the court issue further orders to secure the restrained person’s presence.
Full Text of Rule 91.13
Amendment History
Adopted June 24, 1982, eff. Jan. 1, 1983.
Official Comment
The sources of the first two paragraphs are prior Rules 91.09, 91.19 and 91.20. The sources of the third paragraph are prior Rules 91.22 and 91.23.
Plain-English Summary
Rule 91.13 addresses what happens when a person served with a writ or show-cause order does not comply. The rule first makes clear that a technical error in the writ, such as directing it to the wrong name, description, or even the wrong person, does not excuse noncompliance. The person served must still comply.
If compliance fails without a sufficient excuse, the rule authorizes the court to order the incarceration of the person who failed to comply, continuing until that person complies with the writ. This gives the writ real force: ignoring it is not a cost-free option.
Beyond incarceration, the rule gives the court broader authority to make any other orders necessary to bring the restrained person before the court. This flexibility lets the court adapt its approach to whatever obstacle is preventing the restrained person’s appearance, instead of being limited to a single remedy.
Frequently Asked Questions
Does a mistake in the writ excuse noncompliance?
No. The person served must comply even if the writ names the wrong person or uses the wrong name or description.
What happens if someone fails to comply with the writ?
Unless a sufficient excuse is shown, the court may order the incarceration of the delinquent person until that person complies.
Can the court do more than order incarceration?
Yes, the court may make any other orders necessary to bring the restrained person before the court.
What counts as a sufficient excuse for noncompliance?
The rule does not define specific excuses; it leaves that determination to the court based on the circumstances shown.
How long can incarceration for noncompliance last?
The rule ties it to compliance, meaning it continues until the person complies with the writ.
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: failure to comply with habeas writincarceration for noncompliance habeasdisobedience of habeas corpus writwrong name writ still binding