If legal cause is shown for the restraint, the person shall be returned to the restraint from which he was taken or committed to such other restraint as may be proper.
Rule 91.20.Order of Remand or Other Disposition.
Part III · Rule 91: Habeas Corpus · Last amended January 1, 1983 · Last verified July 22, 2026
In one sentenceRule 91.20 requires that when legal cause is shown for the restraint, the person be returned to that restraint or committed to whatever other restraint is proper.
Full Text of Rule 91.20
Amendment History
Adopted June 24, 1982, eff. Jan. 1, 1983.
Official Comment
The sources are prior Rules 91.32 and 91.43.
Plain-English Summary
Rule 91.20 addresses the outcome opposite to discharge. When the respondent shows legal cause for the restraint, the court does not order the person released. Instead, the person is returned to the restraint from which they were taken, or committed to some other restraint that is proper under the circumstances.
This rule completes the two-way fork that runs through the end of a habeas corpus case: legal cause shown leads to remand or continued restraint, while no legal cause shown leads to discharge under Rule 91.18. The reference to some other proper restraint gives the court room to adjust the specific form of custody if circumstances have changed since the original restraint began, instead of requiring a mechanical return to the exact prior conditions.
Frequently Asked Questions
What happens if legal cause is shown for the restraint?
The person is returned to the restraint from which they were taken or committed to such other restraint as may be proper.
Does the court have to return the person to the exact same conditions of restraint?
Not necessarily; the rule allows commitment to other restraint as may be proper under the circumstances.
How does this rule relate to Rule 91.18?
Rule 91.18 governs discharge when no legal cause is shown, while Rule 91.20 governs the opposite outcome when legal cause is shown.
Who decides what restraint is proper if circumstances have changed?
The court, based on the record before it at the time of decision.
Is remand automatic once legal cause is shown?
Yes, the rule directs return to restraint or commitment to other proper restraint once legal cause is established.
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: remand order habeas corpuslegal cause for restraint Missourireturn to custody habeascommitment to other restraint