Title XXXVI, STATUTORY ACTIONS AND TORTS

532.020. Application, how made — petition and oath. — Application for the writ shall be made by petition, signed by the party for whose relief it is intended, or by some person in his behalf, to some court of record, or to any judge thereof other than a municipal judge. The petit…

532.030. Application, to what court first made. — When a person applies for the benefit of this chapter, who is held in custody on a charge of crime or misdemeanor, his application, in the first instance, shall be to a judge of the circuit court for the county in which the applic…

532.040. Second writ not to issue, when. — Whenever an application under this chapter for a writ of habeas corpus shall be refused, it shall not be lawful for any inferior court or officer to entertain any application for the relief sought from, and refused by, a superior court o…

532.050. Copy of warrant to accompany petition, when. — If the restraint or confinement is by virtue of any warrant, order or process, a copy thereof must accompany the petition, or it must appear, by affidavit annexed thereto, that by reason of the prisoner being removed or conc…

532.060. Writ to be granted without delay, unless. — Any court empowered to grant a writ of habeas corpus under this chapter to whom such petition shall be presented, shall grant such writ without delay, unless it appear, from the petition itself, or the documents annexed, that t…

532.070. Writ shall issue without application, when. — Whenever any court of record, or any judge thereof, shall have evidence, from any judicial proceedings had before such court or judge, that any person is illegally confined or restrained of his liberty, within the jurisdictio…

532.080. Writ, how directed, form of. — Every writ of habeas corpus shall be in the name of the state of Missouri, directed to the officer or person by whom the party to be relieved is imprisoned or restrained of his liberty, commanding him to have the body of the person so detai…

532.090. To be under seal of court. — All such writs issued by a court shall be under the seal thereof; and if issued by a judge out of court, they shall be signed by such judge. ­­-------- (RSMo 1939 § 1596) Prior revisions: 1929 § 1432; 1919 § 1882; 1909 § 2447

532.100. Custodian of prisoner, how designated. — On such writ the person having the custody of the prisoner may be designated either by his name of office, if he have any, or by his own name; or, if both names be uncertain or unknown, he may be described by an assumed appellatio…

532.110. Writ not to be disobeyed — how endorsed. — Such writs shall not be disobeyed for any defect of form; and anyone who shall be served therewith shall be deemed to be the person to whom it is directed, although it may be directed to him by a wrong name or description, or to…

532.120. Expense of producing prisoner paid by petitioner. — The courts allowing a writ of habeas corpus may, in their discretion, require, as a duty to be performed in order to render the service thereof effectual, that the charges of bringing up the prisoner and conveying him b…

532.130. Charges, when paid or tendered — bond may be required. — In all cases where charges are allowed by the court or officer awarding the writ, the person serving the same shall pay or tender to the officer or other person having custody of the prisoner, the amount of the cha…

532.140. Service of writ. — The writ may be served by delivering the same to the officer or person to whom it is directed, or by being left at the jail or other place in which the prisoner may be confined, with any under officer, jailer or other person having charge of the prison…

532.150. How served when party conceals himself. — If the person upon whom the writ ought to be served conceal himself or refuse admittance to the person attempting the service thereof, it may be served by affixing the same in some conspicuous place on the outside either of his d…

532.160. Officer to obey writ, whether directed to him or not. — It shall be the duty of every officer and other person upon whom a writ of habeas corpus shall be served, according to the provisions of this chapter, whether such writ be directed to him or not, to obey and return …

532.170. Return made, when. — If the place of hearing be within twenty miles of the place of service, the return shall be made within twenty-four hours after service of the writ, and the like time shall be allowed for every additional twenty miles. ­­-------- (RSMo 1939 § 1604) P…

532.180. Return, contents. — Every officer or other person upon whom such writ of habeas corpus shall be duly served shall state in his return, plainly and unequivocally: (1) Whether he has or has not the party in his custody, or under his power or restraint; (2) If he has the pa…

532.190. Return, when sworn to and by whom signed. — The return must be signed by the person making the same, and except where such person shall be a sworn public officer, and shall make his return in his official capacity, it shall be verified by his oath. ­­-------- (RSMo 1939 …

532.200. The body to accompany the return. — If any officer or person upon whom a writ of habeas corpus shall have been served shall have in his custody or power, or under his restraint, the party for whose benefit the writ was awarded, he shall also bring the body of such person…

532.210. Prisoner may not be returned with writ, when. — Whenever, from the sickness or other infirmity of the person directed to be produced by any writ of habeas corpus, such person cannot, without danger, be brought before the court before whom the writ is returnable, the pers…

532.220. Proceedings under section 532.210. — If, in the case mentioned in section 532.210, it appear that the prisoner is legally imprisoned and not bailable, such court shall proceed no further therein; if he ought to be held to answer for a bailable offense, an order shall be …

532.230. Prisoner removed from county on writ, when. — No prisoner, charged with a criminal offense, shall be removed by a writ of habeas corpus out of the county in which he is confined, at any time within fifteen days next preceding the term of court at which such prisoner ough…

532.240. Papers relating to commitment returned with writ. — When the party for whose benefit a writ of habeas corpus shall have been issued shall stand committed for any criminal or supposed criminal matter, it shall be the duty of the officer or person upon whom the writ was se…

532.250. Judge or clerk to furnish examination, when. — If no such examination shall have accompanied the commitment, nor be in the possession of the officer having the prisoner in custody, such officer shall exhibit the writ of habeas corpus, when served on him, to the judge by …

532.260. Judge shall appear in person, when. — If no examination shall have been filed with the commitment, or filed in the office of the clerk of the court, as required by law, and none be produced by the committing judge, upon the exhibition of the writ of habeas corpus to him,…

532.270. Writ may issue when party about to be removed from state. — Whenever it shall appear by satisfactory proof that any person is illegally imprisoned or restrained of his liberty, and that there is good reason to believe that he will be carried out of the state, or suffer s…

532.280. Arrest of person having prisoner in charge. — When the proof shall also be sufficient to justify an arrest of the person having such prisoner in his custody, as for a criminal offense committed in the taking or detaining such prisoner, the warrant shall also contain an o…

532.290. Warrant, how executed. — The warrant shall be executed according to the command thereof; and when the prisoner shall be brought before a court, the person detaining such prisoner shall make a return in like manner, and the like proceedings shall be had as if a writ of ha…

532.300. Proceedings on return of writ. — If the person having such prisoner in custody shall be brought before a court as for a criminal offense, he shall be examined, committed, bailed or discharged, in like manner as in other criminal cases of like nature. ­­-------- (RSMo 193…

532.310. A day to be set for hearing the cause. — Upon the return of the writ of habeas corpus, a day shall be set for the hearing of the cause of imprisonment or restraint, not exceeding five days thereafter, unless the prisoner shall request a longer time; or the court or offic…

532.320. Answer to return, contents. — The party brought before any court, by virtue of any writ of habeas corpus, may deny the material facts set forth in the return, or allege any fact to show, either that his detention or imprisonment is unlawful, or that he is entitled to his…

532.330. Return and answer may be amended. — The return and the allegations made against it may be amended, by leave of the court before whom the writ is returned at any time, that thereby material facts may be ascertained. ­­-------- (RSMo 1939 § 1618, A.L. 1978 H.B. 1634) Prior…

532.340. Examination to be read when prisoner under criminal charge. — Where any person brought before any court upon a writ of habeas corpus shall have been committed for any criminal or supposed criminal matter, the examination and information, taken and certified by the commit…

532.350. Evidence admissible on hearing — duty of judge. — When the offense is clearly and specifically set forth in the warrant of commitment, no evidence other than the examination taken and certified thereunto shall be received for or against the prisoner, unless such examinat…

532.360. Duty of court on final hearing. — The court shall proceed to examine into the cause of confinement or restraint, and shall settle the facts in a summary way, by hearing the testimony, as well on the part of the persons interested as of the prisoner, and the person who ho…

532.370. Duty of court in awarding custody of children. — In all cases where it shall appear from the evidence in any proceedings in habeas corpus, instituted between husband and wife for the custody of their children under the age of fourteen years, that by reason of insanity, d…

532.380. Prisoner discharged, when. — If no legal cause be shown for the imprisonment or restraint, or for the continuation thereof, the court shall forthwith discharge such party from the custody or restraint under which he is held. ­­-------- (RSMo 1939 § 1620, A.L. 1978 H.B. 1…

532.390. Who not entitled to benefit of this chapter. — No person shall be discharged under the provisions of this chapter who is in custody or held by virtue of any legal engagement or enlistment in the Army or Navy of the United States, or who, being subject to the rules and ar…

532.400. Parties held under judgment erroneous as to time and place, not entitled to writ. — No person shall be entitled to the benefit of the provisions of this chapter for the reason that the judgment by virtue of which such person is confined was erroneous as to time or place …

532.410. When remanded. — It shall be the duty of the court forthwith to remand the party, if it shall appear that he is detained in custody, either: (1) By virtue of process issued by any court or judge of the United States, in a cause where such court or judge has exclusive jur…

532.420. Party remanded, not to be discharged on second writ. — It shall not be lawful for any court, on such second writ of habeas corpus, to discharge the prisoner, if he is clearly and specifically charged in the order remanding him, or on the warrant of commitment, with a cri…

532.430. Prisoner held under judicial proceedings discharged, when. — If it appear that the prisoner is in custody by virtue of process from any court legally constituted, or issued by any officer in the service of judicial proceedings before him, such prisoner can only be discha…

532.440. Limitations on court under this chapter. — But no court, under the provisions of this chapter, shall in any other matter have power to inquire into the legality or justice of any process, judgment, decree or order of any court legally constituted, nor into the justice or…

532.450. Parties under indictment not to be discharged except on bail. — No person imprisoned on any indictment found in any court of competent jurisdiction, or by virtue of any process or commitment to enforce such indictment, can be discharged under the provisions of this chapt…

532.460. When prisoner may be let to bail. — When the imprisonment is for a criminal or supposed criminal matter, the court before whom the prisoner shall be brought, under the provisions of this chapter, shall not discharge him for any informality, insufficiency or irregularity …

532.470. The order of discharge. — If it appear that any person brought before a court under this chapter is entitled to be discharged, the court shall make an order, in writing, commanding those who have such person in custody to discharge him forthwith, and shall also deliver t…