Section 15.4 Order to Show Cause or the Writ
| Library | App Ct Prac 2015 Supp |
2. (§15.4) Order to Show Cause or the Writ
After the petition for writ of habeas corpus has been presented, the court must either grant the writ or “issue an order directing the respondent to show cause why the writ should not be granted, unless it appears from the petition that the person restrained is not entitled” to relief. Rule 91.05. Under the rule before 1983 and under § 532.080, now RSMo 2000, the procedure required the court to issue an order directing the respondent to produce the restrained...
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