The court shall forthwith hear and determine the matter.
Rule 91.17.Duty of Court on Final Hearing.
Part III · Rule 91: Habeas Corpus · Last amended January 1, 1983 · Last verified July 22, 2026
In one sentenceRule 91.17 requires the court handling a habeas corpus case to hear and determine the matter forthwith once the final hearing on the petition and answer begins, without unnecessary delay in reaching a decision.
Full Text of Rule 91.17
Amendment History
Adopted June 24, 1982, eff. Jan. 1, 1983.
Official Comment
The source is prior Rule 91.30. Compare: 28 U.S.C. Section 2243.
Plain-English Summary
Rule 91.17 is brief but direct: at the final hearing, the court must hear and determine the matter forthwith. The word choice signals urgency, reflecting the core purpose of habeas corpus as a remedy against unlawful restraint that should not linger unresolved.
By requiring the court to both hear and decide the matter promptly, the rule discourages delay once the case reaches its final hearing stage. It reinforces the pace set by the earlier rules governing the writ’s issuance, service, and the deadline for setting the hearing, carrying that same urgency through to the court’s ultimate decision.
Frequently Asked Questions
What must the court do at the final habeas corpus hearing?
Hear and determine the matter forthwith.
Does forthwith mean the court can take its time deciding?
No, the term signals that the court should act without delay in hearing and deciding the case.
Does this rule set a specific number of days for a decision?
No, it uses the word forthwith instead of a fixed deadline, unlike some of the other timing rules in Rule 91.
How does this rule fit with the hearing deadline in Rule 91.15?
Rule 91.15 sets when the hearing must occur; Rule 91.17 requires the court to resolve the matter promptly once that hearing takes place.
What outcomes follow the court’s determination?
Following rules address the specific results, including discharge, enforcement of discharge, or remand.
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
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