Any order of discharge may be enforced by incarceration in the same manner as provided in Rule 91.13 or by contempt or by any other proper order of the court.
Rule 91.19.Order of Discharge--How Enforced.
Part III · Rule 91: Habeas Corpus · Last amended January 1, 1983 · Last verified July 22, 2026
In one sentenceRule 91.19 allows a habeas corpus discharge order to be enforced through incarceration in the same manner as Rule 91.13, through contempt, or through any other proper court order.
Full Text of Rule 91.19
Amendment History
Adopted June 24, 1982, eff. Jan. 1, 1983.
Official Comment
The source is prior Rule 91.48.
Plain-English Summary
Rule 91.19 gives teeth to a discharge order entered under Rule 91.18. Once the court orders a person discharged, it needs a way to make sure that order is carried out, and this rule provides three enforcement paths.
The court can enforce the discharge order by incarceration, using the same approach set out in Rule 91.13 for noncompliance with a writ. It can also use contempt proceedings, or it can rely on any other proper order the court sees fit to issue. This range of tools gives the court flexibility to respond to whoever is resisting the discharge, whether that resistance comes from continued physical detention or some other form of noncompliance.
Frequently Asked Questions
How can a court enforce a discharge order?
By incarceration in the same manner provided in Rule 91.13, by contempt, or by any other proper order of the court.
What if someone refuses to release the person after discharge is ordered?
The court can respond with incarceration, contempt, or another proper order to compel compliance with the discharge order.
Is contempt the only enforcement tool available?
No, the rule lists incarceration and other proper orders as additional options alongside contempt.
Does Rule 91.13’s incarceration approach apply directly here?
Yes, the rule specifically ties enforcement by incarceration to the manner provided in Rule 91.13.
Who decides which enforcement method to use?
The court, based on the circumstances of the noncompliance with the discharge order.
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: enforcing habeas discharge ordercontempt habeas corpus Missouriincarceration for noncompliance dischargedischarge order enforcement methods