Section 28 Procedure on Writs in Appellate Courts

• Library: Remedies 2006

Appellate courts in Missouri have the authority to hear and determine extraordinary writs. See Rules 30.31, 84.22, 84.23, and

84.24. Note that Rule 84 applies to all petitions filed with the court. See Rule 84.25 for the exact filing requirements.

Check the local rules of the court the writ will be filed in to ensure accuracy.

A coversheet is required to file the writ. See Form 16 in §8.29 below.

Rule 84.22(a) states, “No original remedial writ shall be issued by an appellate court in any case wherein adequate relied can be afforded by an appeal or by application for such writ to a lower court.”

A writ of habeas corpus may be issued by the appellate court “en banc, or by either division thereof, or by any judge in...