When a petition for a writ of habeas corpus has been denied by a higher court, a lower court shall not issue the writ unless the order in the higher court denying the writ is without prejudice to proceeding in a lower court.
Rule 91.22.Second Writ not to Issue By Lower Court.
Part III · Rule 91: Habeas Corpus · Last amended January 1, 1983 · Last verified July 22, 2026
In one sentenceRule 91.22 blocks a lower court from issuing a writ of habeas corpus after a higher court has denied the petition, unless the higher court’s denial was without prejudice to proceeding in a lower court.
Full Text of Rule 91.22
Amendment History
Adopted June 24, 1982, eff. Jan. 1, 1983.
Official Comment
The source is prior Rule 91.58.
Plain-English Summary
Rule 91.22 prevents petitioners from trying again at a lower level after a higher court turns down a habeas corpus petition. Once a higher court has denied a petition, a lower court cannot issue the writ on the same matter.
The rule carves out one exception. If the higher court’s order denying the writ specifically says the denial is without prejudice to proceeding in a lower court, the lower court remains free to take up the petition. This ties back to the disclosure requirement in Rule 91.04, which requires petitioners to state whether a higher court has already denied the relief sought and, if so, whether that denial was without prejudice.
Frequently Asked Questions
Can a lower court issue a writ after a higher court denies the petition?
Not ordinarily. A lower court may not issue the writ once a higher court has denied it.
Is there an exception to this rule?
Yes, if the higher court’s order denying the writ is without prejudice to proceeding in a lower court, the lower court may still act.
Why does the petition have to disclose prior denials?
Because Rule 91.04 requires the petition to state whether the relief has already been sought from or denied by a higher court, which lets the court apply this rule correctly.
What does without prejudice mean in this context?
It means the higher court’s denial does not prevent the petitioner from trying the same relief in a lower court.
Does this rule apply if the higher court denial did not mention prejudice at all?
The rule’s exception applies specifically when the denial is stated to be without prejudice; absent that statement, the lower court may not issue the writ.
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: second habeas petition denied Missouriwithout prejudice habeas corpuslower court barred from issuing writsuccessive habeas petition rule