If no legal cause is shown for the restraint, the court shall forthwith order the person discharged.
Rule 91.18.Order of Discharge.
Part III · Rule 91: Habeas Corpus · Last amended January 1, 1983 · Last verified July 22, 2026
In one sentenceRule 91.18 requires the court hearing a habeas corpus case to order the restrained person discharged forthwith whenever the respondent fails to show any legal cause justifying the restraint at issue.
Full Text of Rule 91.18
Amendment History
Adopted June 24, 1982, eff. Jan. 1, 1983.
Official Comment
The sources are prior Rules 91.31 and 91.40.
Plain-English Summary
Rule 91.18 states the outcome that follows when the respondent cannot justify the restraint. If no legal cause is shown for holding the person, the court must order that person discharged, and it must do so forthwith.
This rule captures the central purpose of habeas corpus: testing whether a restraint has a lawful basis and ending it promptly when it does not. The discharge order is the direct consequence of a failure to show legal cause, leaving the court no discretion to prolong an unjustified restraint once that failure is established.
Frequently Asked Questions
What happens if no legal cause is shown for the restraint?
The court must forthwith order the restrained person discharged.
Does the court have discretion to keep someone restrained without legal cause?
No, the rule requires discharge once no legal cause for the restraint is shown.
How quickly must the discharge order be entered?
Forthwith, meaning promptly once the court determines no legal cause exists.
What happens if legal cause is shown instead?
Rule 91.20 addresses that situation, providing for the person’s return to restraint or commitment to other proper restraint.
Does this rule apply regardless of the type of restraint?
The rule applies broadly whenever no legal cause is shown for the restraint at issue in the habeas proceeding.
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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