Part 91 · Habeas Corpus
Rule 91.09. Answer – Time For – Contents – Attachments
91.09. Answer - Time For - Contents - Attachments
(
a
)
Time.
The person served shall file an answer at the time designated in the writ or order.
(
b
)
Contents.
The answer shall be directed to the petition and shall also contain:
(1) A statement whether the person who is allegedly restrained is being restrained by respondent and, if so, the circumstances and authority for such restraint;
(2) If the person filing the answer shall have had the person under restraint at any time before service of the writ or order and has transferred the person to another, a statement to whom, at what time, for what cause, and by what authority such transfer took place. ( c ) Attachment to Answer. If the person is restrained by virtue of any writ, order, warrant, or other written authority, a copy shall be attached to the answer. Committee Note - 1983 The source of paragraph (a) is prior Rule 91.14. The sources of paragraph (b) are prior Rules 91.16 and 91.17. The source of paragraph (c) is prior Rule 91.16.