Part 91 · Habeas Corpus

Rule 91.09. Answer – Time For – Contents – Attachments

Amended June 24, 1982 (current)

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.