The person upon whom the writ is served shall produce the restrained person at the hearing unless the court otherwise orders.
Rule 91.16.Production of Restrained Person at Hearing.
Part III · Rule 91: Habeas Corpus · Last amended January 1, 1983 · Last verified July 22, 2026
In one sentenceRule 91.16 requires the person who was served with the writ of habeas corpus to produce the restrained person at the hearing itself, unless the court orders that production is not required.
Full Text of Rule 91.16
Amendment History
Adopted June 24, 1982, eff. Jan. 1, 1983.
Official Comment
The source is prior Rule 91.18. Compare: 28 U.S.C. Section 2243.
Plain-English Summary
Rule 91.16 focuses on the hearing stage of a habeas corpus proceeding. The person upon whom the writ was served must produce the restrained person at the hearing, ensuring the court can see and question the person whose liberty is at issue.
The rule leaves room for exceptions the court controls. If the court orders otherwise, whether because of the health of the restrained person, logistical concerns, or some other reason within the court’s judgment, production is not mandatory. This mirrors the flexibility found elsewhere in Rule 91 for situations where physically bringing the restrained person to court is not practical.
Frequently Asked Questions
Who must bring the restrained person to the hearing?
The person upon whom the writ was served.
Is production of the restrained person always required at the hearing?
Not if the court orders otherwise; the default requirement can be waived by court order.
What might lead a court to excuse production at the hearing?
The rule does not list specific reasons, leaving that determination to the court’s judgment.
How does this rule relate to the earlier requirement to produce the person with the answer?
Rule 91.11 addresses producing the person along with filing the answer, while Rule 91.16 addresses production specifically at the hearing.
Can the court decide on its own that the restrained person need not attend?
Yes, the rule gives the court that authority by ordering 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: production of restrained person hearinghabeas corpus hearing attendancebringing restrained person to courtattendance at habeas hearing