When the answer is filed, the court may proceed with the hearing not more than five days after the filing of the answer unless the person being restrained requests a longer time or for good cause additional time is allowed.
Rule 91.15.Time of Hearing.
Part III · Rule 91: Habeas Corpus · Last amended January 1, 1983 · Last verified July 22, 2026
In one sentenceRule 91.15 sets the timing for the habeas corpus hearing, allowing the court to proceed no more than five days after the answer is filed, unless the restrained person requests more time or the court allows additional time for good cause.
Full Text of Rule 91.15
Amendment History
Adopted June 24, 1982, eff. Jan. 1, 1983.
Official Comment
The source is prior Rule 91.27. Compare: 28 U.S.C. Section 2243.
Plain-English Summary
Rule 91.15 controls how quickly the hearing must follow the answer in a habeas corpus case. Once the respondent files the answer, the court may proceed with the hearing, but not more than five days after that filing.
The rule gives two ways to extend that window. The person being restrained can request a longer time, recognizing that the restrained person may need more time to prepare or gather evidence. The court can also allow additional time on its own for good cause, giving it flexibility when circumstances warrant a delay beyond the standard five days.
Frequently Asked Questions
How soon after the answer is filed must the hearing occur?
Not more than five days after the answer is filed, absent an extension.
Can the restrained person ask for more time before the hearing?
Yes, the rule allows the hearing date to move if the person being restrained requests a longer time.
Can the court extend the hearing date on its own?
Yes, for good cause the court may allow additional time beyond the standard five days.
Does the five-day period start when the petition is filed?
No, it runs from the filing of the answer, not from the filing of the petition.
Is a five-day hearing deadline mandatory in every case?
It is the default timing, subject to extension at the restrained person’s request or for good cause shown to the court.
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: habeas corpus hearing deadlinetime of hearing Missouri habeasfive day hearing rule habeasscheduling habeas hearing after answer