Section 3 Petition

• Library: Remedies 2006

A petition for a writ of habeas corpus must state:

• the name or description of the person who is doing the restraining (the respondent) of the person’s liberty (normally the petitioner)

• the place where that person is detained

• facts showing that the restraint is illegal or improper; and

• that no petition for relief sought has been made to any higher court or that, if so, the higher court denied the writ without prejudice to proceeding in the lower court

Rule 91.04(a); McKown v. Mitchell, 869 S.W.2d 765, 767 (Mo. App. W.D. 1993).

The petition must be signed by the person seeking relief or by someone on that person’s behalf. Rule 91.03. It must have attached a copy of any warrant, order, or process relevant to the restraint or set out reasons constituting good cause for failure to do so. Rule 91.04(b).

Committee Note-1983 to Rule 91.01 provides...