Effective – 28 Aug 1939 532.010. Who may prosecute the writ. — Every person committed, detained, confined or restrained of his liberty, within this state, for any criminal or supposed criminal matter, or under any pretense whatsoever, except when, according to the provisions of this chapter, such person can be neither discharged nor bailed, or […]
Effective – 02 Jan 1979 532.020. Application, how made — petition and oath. — Application for the writ shall be made by petition, signed by the party for whose relief it is intended, or by some person in his behalf, to some court of record, or to any judge thereof other than a municipal judge. […]
Effective – 02 Jan 1979 532.030. Application, to what court first made. — When a person applies for the benefit of this chapter, who is held in custody on a charge of crime or misdemeanor, his application, in the first instance, shall be to a judge of the circuit court for the county in which […]
Effective – 28 Aug 1939 532.040. Second writ not to issue, when. — Whenever an application under this chapter for a writ of habeas corpus shall be refused, it shall not be lawful for any inferior court or officer to entertain any application for the relief sought from, and refused by, a superior court or […]
Effective – 28 Aug 1939 532.050. Copy of warrant to accompany petition, when. — If the restraint or confinement is by virtue of any warrant, order or process, a copy thereof must accompany the petition, or it must appear, by affidavit annexed thereto, that by reason of the prisoner being removed or concealed before the […]
Effective – 02 Jan 1979 532.060. Writ to be granted without delay, unless. — Any court empowered to grant a writ of habeas corpus under this chapter to whom such petition shall be presented, shall grant such writ without delay, unless it appear, from the petition itself, or the documents annexed, that the party can […]
Effective – 28 Aug 1939 532.070. Writ shall issue without application, when. — Whenever any court of record, or any judge thereof, shall have evidence, from any judicial proceedings had before such court or judge, that any person is illegally confined or restrained of his liberty, within the jurisdiction of such court or judge, it […]
Effective – 28 Aug 1939 532.080. Writ, how directed, form of. — Every writ of habeas corpus shall be in the name of the state of Missouri, directed to the officer or person by whom the party to be relieved is imprisoned or restrained of his liberty, commanding him to have the body of the […]
Effective – 28 Aug 1939 532.090. To be under seal of court. — All such writs issued by a court shall be under the seal thereof; and if issued by a judge out of court, they shall be signed by such judge. ——– (RSMo 1939 § 1596) Prior revisions: 1929 § 1432; 1919 § 1882; […]
Effective – 28 Aug 1939 532.100. Custodian of prisoner, how designated. — On such writ the person having the custody of the prisoner may be designated either by his name of office, if he have any, or by his own name; or, if both names be uncertain or unknown, he may be described by an […]
Effective – 28 Aug 1939 532.110. Writ not to be disobeyed — how endorsed. — Such writs shall not be disobeyed for any defect of form; and anyone who shall be served therewith shall be deemed to be the person to whom it is directed, although it may be directed to him by a wrong […]
Effective – 02 Jan 1979 532.120. Expense of producing prisoner paid by petitioner. — The courts allowing a writ of habeas corpus may, in their discretion, require, as a duty to be performed in order to render the service thereof effectual, that the charges of bringing up the prisoner and conveying him back, if remanded, […]
Effective – 28 Aug 1939 532.130. Charges, when paid or tendered — bond may be required. — In all cases where charges are allowed by the court or officer awarding the writ, the person serving the same shall pay or tender to the officer or other person having custody of the prisoner, the amount of […]
Effective – 28 Aug 1939 532.140. Service of writ. — The writ may be served by delivering the same to the officer or person to whom it is directed, or by being left at the jail or other place in which the prisoner may be confined, with any under officer, jailer or other person having […]
Effective – 28 Aug 1939 532.150. How served when party conceals himself. — If the person upon whom the writ ought to be served conceal himself or refuse admittance to the person attempting the service thereof, it may be served by affixing the same in some conspicuous place on the outside either of his dwelling […]
Effective – 28 Aug 1939 532.160. Officer to obey writ, whether directed to him or not. — It shall be the duty of every officer and other person upon whom a writ of habeas corpus shall be served, according to the provisions of this chapter, whether such writ be directed to him or not, to […]
Effective – 28 Aug 1939 532.170. Return made, when. — If the place of hearing be within twenty miles of the place of service, the return shall be made within twenty-four hours after service of the writ, and the like time shall be allowed for every additional twenty miles. ——– (RSMo 1939 § 1604) Prior […]
Effective – 28 Aug 1939 532.180. Return, contents. — Every officer or other person upon whom such writ of habeas corpus shall be duly served shall state in his return, plainly and unequivocally: (1) Whether he has or has not the party in his custody, or under his power or restraint; (2) If he has […]
Effective – 28 Aug 1939 532.190. Return, when sworn to and by whom signed. — The return must be signed by the person making the same, and except where such person shall be a sworn public officer, and shall make his return in his official capacity, it shall be verified by his oath. ——– (RSMo […]
Effective – 02 Jan 1979 532.200. The body to accompany the return. — If any officer or person upon whom a writ of habeas corpus shall have been served shall have in his custody or power, or under his restraint, the party for whose benefit the writ was awarded, he shall also bring the body […]
