When the court finds that any person is illegally restrained of liberty and that there is good cause to believe that the person will be removed from the state or suffer some irreparable injury before the person can be relieved by a writ of habeas corpus, any court authorized to issue such writs may issue a warrant reciting the facts directed to any officer or other person commanding the officer or person to take the person so restrained and bring that person forthwith before the court to be dealt with according to law. A copy of the warrant shall be served on the restraining person together with an order directing the restraining person to file an answer as provided in Rule 91.09. Proceedings thereafter shall be as if a writ of habeas corpus had been originally issued.
Rule 91.21.Warrant in Lieu of Writ.
Part III · Rule 91: Habeas Corpus · Last amended January 1, 1994 · Last verified July 22, 2026
In one sentenceRule 91.21 lets a court issue a warrant instead of a writ when a person is illegally restrained and there is good cause to believe removal from the state or irreparable injury will occur first, with proceedings then continuing as if a writ had issued.
Full Text of Rule 91.21
Amendment History
Adopted June 24, 1982, eff. Jan. 1, 1983; Amended Sept. 28, 1993, eff. Jan. 1, 1994.
Official Comment
The sources are prior Rules 91.50 and 91.52.
Plain-English Summary
Rule 91.21 provides a faster alternative to the ordinary writ when speed matters most. If the court finds that a person is illegally restrained of liberty and that there is good cause to believe the person will be removed from the state, or will suffer some irreparable injury, before a writ of habeas corpus could bring relief, the court may issue a warrant instead.
The warrant recites the facts supporting this urgency and directs an officer or other person to take the restrained person into custody and bring that person before the court right away, to be dealt with according to law. A copy of the warrant must be served on the person doing the restraining, along with an order directing that person to file an answer following the same procedure set out in Rule 91.09.
Once the warrant is served, the case proceeds as though a writ of habeas corpus had been issued from the start. This means the remaining rules in Rule 91, covering the answer, reply, hearing, and disposition, apply in the same way they would in an ordinary habeas corpus proceeding.
Frequently Asked Questions
When can a court issue a warrant instead of a writ of habeas corpus?
When the court finds the person is illegally restrained and there is good cause to believe the person will be removed from the state or suffer irreparable injury before a writ could provide relief.
What does the warrant direct?
It directs an officer or other person to take the restrained person into custody and bring that person before the court right away, to be dealt with according to law.
Must the person restraining the individual be notified?
Yes, a copy of the warrant must be served on that person, along with an order to file an answer as provided in Rule 91.09.
Do the ordinary habeas corpus procedures still apply after a warrant issues?
Yes, proceedings after the warrant continue as if a writ of habeas corpus had originally been issued.
Why would a court use a warrant instead of a writ?
To act faster in urgent situations where waiting for the ordinary writ process could allow removal from the state or irreparable harm.
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: warrant in lieu of habeas writurgent habeas corpus relief Missouriirreparable injury habeas warrantexpedited habeas warrant procedure