Section 4 Order to Show Cause or Writ

• Library: Remedies 2006

After the petition has been filed, 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. Rule 91.05 adopted the federal practice of issuing an order to show cause. See 28 U.S.C. § 2243. Thus, unless there are exigent circumstances requiring the prompt production of the restrained person, the court will issue a show cause order...