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Rule 91.14.Condition of Release.

Part III · Rule 91: Habeas Corpus · Last amended January 1, 1983 · Last verified July 22, 2026

In one sentenceRule 91.14 requires the court where the answer is filed to set conditions of release under Rule 33 for a person held for relief under Rule 91 who is charged with a bailable offense.

Full Text of Rule 91.14

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If the person for whose relief a writ of habeas corpus has been issued is charged with a bailable offense, the court in which the answer is to be filed shall set conditions of release pursuant to Rule 33.

Amendment History

Adopted June 24, 1982, eff. Jan. 1, 1983.

Official Comment

This is new. Compare: Prior Rules 91.41 and 91.42.

Plain-English Summary

Rule 91.14 connects habeas corpus practice to Missouri’s general rules on pretrial release. When a habeas corpus writ has been issued for a person who is charged with a bailable offense, the court where the answer is to be filed must set conditions of release for that person, following Rule 33.

This means the habeas corpus proceeding does not exist apart from the underlying criminal case; if the restrained person qualifies for release on a bailable charge, the court handling the habeas matter is responsible for establishing the release conditions instead of leaving that question unresolved while the habeas case proceeds.

Frequently Asked Questions

When must a court set conditions of release under Rule 91.14?

When a writ of habeas corpus has been issued for a person charged with a bailable offense.

Which court sets the conditions of release?

The court in which the answer to the habeas corpus writ is to be filed.

What standard governs the conditions of release?

Rule 33, Missouri’s general rule on conditions of release.

Does this rule apply to every habeas corpus case?

It applies specifically when the restrained person is charged with a bailable offense.

Does this rule address non-bailable offenses?

No, the rule’s requirement is limited to persons charged with a bailable offense.

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: conditions of release habeas corpusbailable offense Missouri habeasRule 33 release habeas corpusbail conditions habeas proceeding