Chapter 532 Habeas Corpus
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 order for the arrest of such person for such offense.
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.
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 party in custody or power, or under his restraint, he shall state the authority and true cause of such imprisonment or restraint, setting forth the same at large;
(3)If the party be detained or imprisoned by virtue of any writ, order, warrant or other written authority, a copy thereof shall be annexed to the return, and the original shall be produced and exhibited on the return of the writ, to the court or officer to whom the same is returnable;
(4)If the person making the return shall have had the party in his power or custody, or under his restraint, at any time before the service of the writ, and has transferred such custody or restraint to another, the return shall state particularly to whom, at what time, for what cause, and by what authority such transfer took place.
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 detained or imprisoned, together with the time and cause of such imprisonment and detention, before the court or judge, without delay, to do and receive what shall then and there be considered concerning the person imprisoned or detained.
532.480 - Court to fix amount of bail, when.
If the prisoner be held to answer for a bailable offense, the court shall determine in what sum bail shall be given, and shall cause the prisoner to enter into a recognizance, with sufficient sureties, which recognizance shall be taken, certified and returned as provided by law in like cases; and if the prisoner does not give the required bail, the court shall make an order remanding him, and shall, by such order, designate the sum in which bail shall be taken, and the court at which he is required to appear, and that, on such bail being entered into, in conformity with such order and the provisions of law, the prisoner shall be discharged.
532.580 - When sheriff in contempt, coroner shall serve.
If the delinquent be a sheriff, the attachment may be directed to any coroner, or other person to be designated therein, who shall have full power to execute the same; and such sheriff, upon being brought up, may be committed to the jail of any county other than his own.
532.680 - Punishment.
Every person convicted of a misdemeanor under the provisions of this chapter shall be punished by fine or imprisonment, or both, in the discretion of the court in which he shall be convicted, but such fine shall not exceed one thousand dollars, nor such imprisonment one year.
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 articles of war, is confined by one legally acting under the authority thereof, or who is held as prisoner of war under the authority of the United States, or who is in custody for any treason, felony, or other high misdemeanor, committed in any other state or territory of the United States, and by the Constitution and laws of the United States, ought to be delivered up to such state or territory.
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 habeas corpus had been issued in the first instance.
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.
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.
532.590 - Custody of prisoner granted officer holding attachment for derelict officer.
The court by whom such attachment shall be awarded may also issue a precept to the same sheriff, or other person to whom such attachment shall be directed, commanding him to bring forthwith before such court the party for whose benefit such writ of habeas corpus shall have been allowed, who shall thereafter remain in the custody of the sheriff or person executing such precept, until he shall be discharged, bailed or remanded, as such court shall direct.
532.490 - Judge or clerk to take recognizance, when.
Upon the production of such order to any judge or clerk of a court of record, he shall be authorized to take the recognizance, with sufficient sureties, in the sum directed, conditioned for the appearance of the prisoner at the court designated in such order.
532.690 - Right of action to survive.
The right of action for the penalties declared by this chapter to be incurred, and to be paid to the party aggrieved, shall not cease by the death of either party, but such penalty may be sued for and recovered by the executor or administrator of the aggrieved party, against the offender or his executor or administrator.
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 applicant is held in custody, other than a municipal judge; and upon every application of the kind aforesaid, the applicant shall cause reasonable notice of the time and place of making the application to be given to the circuit or prosecuting attorney for the county in which the application is to be made, if at the time thereof such attorney be in the county, and upon such notice, it shall be the duty of such attorney to attend upon the hearing of such application on behalf of the state.
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 charges for bringing up such prisoner, and shall also give bond, with security if required, to the officer or person having custody of the party to be relieved, conditioned for the payment of the charges of conveying back the prisoner, if remanded.Otherwise the service shall not be deemed complete.
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.
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 ought to be tried, except it be to convey him into the county where the offense with which he is charged is properly cognizable.
532.630 - Penalty for refusing copy of process.
Any officer or other person having the custody of any prisoner committed on any civil or criminal process, who shall refuse to give such prisoner a copy of the process, order or commitment, by virtue of which the person is held or detained, within six hours after the demand by the prisoner, or anyone on his behalf, shall be deemed guilty of a misdemeanor, and shall also forfeit to the party aggrieved five hundred dollars.
532.530 - Order of discharge, how enforced.
Obedience to any order for the discharge of a prisoner, granted pursuant to the provisions of this chapter, may be enforced by the court granting such order, by attachment, in the same manner as herein provided in cases of failure to make return to a writ of habeas corpus, and with like effect in all respects.
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 discharged in one of the following cases:
(1)Where the jurisdiction of such court or officer has been exceeded, either as to matter, place, sum or person;
(2)Where, though the original imprisonment was lawful, yet, by some act, omission or event, which has taken place afterward, the party has become entitled to be discharged;
(3)Where the process is defective in some matter of substance required by law, rendering such process void;
(4)Where the process, though in proper form, has been issued in a case or under circumstances not allowed by law;
(5)Where the process, though in proper form, has been issued or executed by a person who is not authorized by law to issue or execute the same, or where the person having the custody of such prisoner under such process is not the person empowered by law to detain him;
(6)Where the process is not authorized by any judgment, order or decree, nor by any provision of law.
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 back, if remanded, shall be paid by the petitioner; and in such case the court shall, on the allowance of the writ, specify the amount, which shall not exceed ten cents per mile; and the amount so to be paid shall be stated in writing on the writ, signed by the clerk, if in term, or by the officer by whom the writ is awarded.
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 petition shall be verified by the oath of the applicant, or some other competent person and shall state in substance by whom the party for whom the relief is prayed is imprisoned or restrained of his liberty, and the place where, naming both parties, if their names are known, or describing them if they are not, all the facts concerning the imprisonment or restraint, and the true cause thereof, to the best of the knowledge and belief of the party, and that no application for the relief sought has been made to or refused by any court, officer or officers, superior to the one to whom the petition is presented; and, if the imprisonment is alleged to be illegal, the petition also shall state in what the illegality consists.
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 made and proceeded on, as provided by this chapter in case where the prisoner is remanded for want of bail; and when it appears that the prisoner is entitled to his discharge, the court shall make an order to that effect.
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 discharge; which allegations or denials shall be on oath.
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 criminal offense, but the prisoner, on the return of such writ, shall be bailed or remanded to prison, according to the circumstances of the case.
532.520 - Custody of prisoner between return and judgment.
Until judgment be given upon the return, the court before whom the party shall be brought may either commit such party to the custody of the sheriff of the county in which the proceedings are had, or place him in such care or custody as his age or other circumstances may require.
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 before the court, according to the command of the writ, and within the time herein specified for making return, except in case of sickness of such person, as herein provided.
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.
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 appellation; and the person directed to be produced may be designated by his name, or if his name be uncertain or unknown, he may be described in any other way, so as to designate the person intended.
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 of imprisonment; but in such cases it shall be the duty of the court or officer before whom such relief is sought to sentence such person to the proper place of confinement and for the correct length of time from and after the date of the original sentence, and to cause the officer or other person having such prisoner in charge to convey him forthwith to such designated place of imprisonment.
532.500 - Prisoner remanded, when.
If a prisoner be not entitled to his discharge, and be not bailed, the court before whom the proceedings are had shall remand him to the custody or place him under the restraint from which he was taken, if the person under whose custody or restraint he was, be entitled thereto; if not so entitled, then he shall be committed to the custody of such officer or person as by law is entitled thereto.
532.700 - Recovery of penalty no bar to civil action.
The recoveries of any of the penalties under the provisions of this chapter shall be no bar to a civil action for damages.
532.600 - Officer having attachment may invoke aid, when.
In the execution of such writs of attachment and precept, or either of them, the sheriff or other person to whom they shall be directed may call to his aid the power of the county, as is provided by law in the execution of writs and process by any officer.
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 officer may proceed to such hearing immediately, as the circumstances of the case may require.
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 person in whose custody he is may state the fact in his return, verifying the same by his oath; and such court, if satisfied of the truth of such allegation, and the return be otherwise sufficient, shall proceed thereon, and dispose of the matter in the same manner as if the prisoner were brought before him, except as in section 532.220 provided.
532.010 - Who may prosecute the writ.
Every person committed, detained, confined or restrained of his liberty, within this state, for any criminal or supposed criminal matter, or under any pretense whatsoever, except when, according to the provisions of this chapter, such person can be neither discharged nor bailed, or otherwise relieved, may prosecute a writ of habeas corpus as herein provided, to inquire into the cause of such confinement or restraint.
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 another person; and to the end that no person may pretend ignorance therein, every writ of habeas corpus, issued under the provisions of this chapter, shall be endorsed with these words:"By the habeas corpus act".
532.510 - When prisoner remanded or bailed, evidence to be returned.
When any prisoner shall be let to bail or remanded, all examinations and documents which shall have been produced by the officer or person making the return shall be redelivered to him, the testimony of witnesses examined, the recognizances of all such as testify anything material taken, and, with the examination, duly certified and returned, as required by law in like cases.
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 jurisdiction; or
(2)By virtue of the final judgment or decree of any competent court of civil or criminal jurisdiction, or of any execution issued upon such judgment or decree; or
(3)For any contempt, specially and plainly charged in the commitment, by some court, officer or body, having authority to commit for a contempt so charged; or
(4)That the time during which such party may be legally detained has not expired.
532.710 - This chapter, how construed.
The several provisions contained in this chapter shall be construed to apply, so far as may be applicable, and except where otherwise provided, to every writ of habeas corpus authorized to be issued by any statute of this state.
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 propriety of any commitment for contempt, made by any court, officer or body, according to law, and plainly charged in such commitment, as herein provided; but nothing in this section contained, nor any other part of this chapter, shall be so construed as to prevent any prisoner from being discharged when the matter alleged in the order of commitment shall not, in point of law, amount to a contempt.
532.540 - Officer discharging prisoner, not liable.
No sheriff or other person shall be liable to any civil action for obeying any order of discharge, made according to the provisions of this chapter; and if any action shall be brought against him for suffering any person committed to his custody to go at large, pursuant to any such order, he may plead the same in his answer thereto, in bar of such action.
532.640 - Penalty for failing to obey and make return to writ.
If any officer or other person, upon whom a writ of habeas corpus shall be duly served, shall neglect or refuse to obey the same, by producing the party therein named, and making a full and explicit return to the writ, as required by this chapter, he shall be deemed guilty of a misdemeanor, and also forfeit to the party aggrieved a sum not exceeding one thousand dollars.
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 served to bring with the writ all and every examination and information in his hands, possession, custody or charge, relating to the commitment.
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 committing judge, shall be read in evidence before the court before whom the prisoner is brought.
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 prisoner for the time being.
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 or officer.
532.550 - Person discharged cannot be again imprisoned — exceptions.
No person who has been discharged, by the order of any court or associate circuit judge, upon a writ of habeas corpus issued pursuant to this chapter, shall be again imprisoned, restrained or kept in custody for the same cause; but it shall not be deemed the same cause:
(1)If he shall have been discharged from a commitment on a criminal charge, and be afterward committed for the same offense by the legal order or process of the court wherein he shall be bound by a recognizance to appear, or in which he shall be indicted or convicted for the same offense; or
(2)If, after a discharge for defect of proof, or for any material defect in the commitment in a criminal case, the prisoner may again be arrested on sufficient proof, and committed by legal process for the same offense; or
(3)When the discharge in any case has been ordered on account of the nonobservance of any of the forms required by law, and the party is again arrested for imprisonment, by legal process, for sufficient cause, and according to the forms required by law.
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 chapter; but if the offense be bailable, he may be let to bail, and if the offense be not bailable, he shall be remanded forthwith.
532.650 - Penalty for concealing prisoner.
Any person having in his custody, or under his power, any person for whose relief a writ of habeas corpus shall have been issued, or who would be entitled to a writ of habeas corpus to inquire into the cause of his detention, who shall, with intent to elude the service of such writ, or to avoid the effect thereof, transfer such prisoner to the custody or place him under the control or power of another, or conceal him, or change the place of his confinement, shall be deemed guilty of a misdemeanor, and shall also pay to the party aggrieved five hundred dollars.
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 examination has not been taken and certified according to law, in which case the committing judge may be examined, if desired by the prisoner, as to the evidence on which the commitment was found, and thereupon the court shall proceed to bail, discharge or remand the prisoner, as the circumstances of the case may require; and in the absence of all such evidence, the prisoner shall not be discharged, but may be bailed or remanded, according to the circumstances of the case.
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 whom the prisoner was committed, or to the clerk of the court, if the papers are in his office; and it shall be the duty of the judge or clerk to deliver to such officer having the custody of the prisoner the examination and proofs relating to the offense charged, to be by such officer returned with the writ.
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 concealed before the application, a demand of such copy could not be made, or that such demand was made of the person by whom the prisoner is confined or restrained, and a copy refused.
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 dwelling house or of the place where the party is confined.
532.670 - Aiding in violation of sections 532.650 and 532.660, misdemeanor.
Every person who shall knowingly aid or assist in the violation of section 532.650 or 532.660 shall be deemed guilty of a misdemeanor.
532.570 - Officer or person to be committed.
On such person being so brought, he shall be committed to close custody, in the jail of the county in which the court or officer shall be, until he shall comply with such writ, and obey any order that may be made by such court or officer in relation to the person for whose relief such writ shall have been issued.
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 to the person discharged a certificate of such discharge.
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 jurisdiction of such court or judge, it shall be the duty of the court or judge to issue a writ of habeas corpus for his relief, although no application or petition be presented for such writ.
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.
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, drunkenness, cruelty, or other cause, the party against whom the complaint is brought is unfit to have the care and government of the child or children in controversy, it shall be lawful for the court hearing said cause to award the custody of the same to the complainant or other guardian, as shall be deemed best in the premises, and to make such other orders touching the custody and control of such child or children as the court may deem proper; and the order or decree of court touching said custody shall be valid and remain in force during any period within the minority of said child or children, which shall be fixed by said court; and any person at any time violating said order or decree may be dealt with summarily for contempt.
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 some irreparable injury, before he can be relieved by a writ of habeas corpus, any court, authorized to issue such writs, may issue a warrant reciting the facts, and directed to any sheriff, coroner or other person, commanding him to take the prisoner and bring him forthwith before such court, to be dealt with according to law.
532.660 - Penalty for rearresting party after discharge.
Everyone who, knowing that any person has been discharged by competent authority on a habeas corpus, shall, contrary to the provisions of this chapter, arrest such person again for the same cause, shall be deemed guilty of a misdemeanor, and shall also pay to the party aggrieved five hundred dollars.
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 of the commitment; but if, from the examination taken and certified by the committing judge, or other evidence, it appear that there is sufficient legal cause for commitment, he shall proceed to take bail, if the offense be bailable, and good bail be offered; if not, shall commit the prisoner to jail.
532.560 - Officer refusing to obey writ, proceedings.
If the officer, or person upon whom the writ of habeas corpus shall be duly served, shall refuse or neglect to obey the same, by producing the party named in the writ, and making a full and explicit return to such court, within the time required by this chapter, and no sufficient excuse for such refusal or neglect be shown, the court or officer before whom such writ shall have been made returnable shall, upon due proof of service thereof, forthwith issue an attachment against the delinquent, directed to the sheriff of any county within this state, commanding him forthwith to apprehend such delinquent, and to bring him immediately before such court or officer.
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 such writ, according to the exigency thereof, to the court or associate circuit judge by whom the writ was awarded; or, in case of the adjournment of such court, or the absence of such associate circuit judge, then before some other judge herein authorized to issue such writ.
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 the party can neither be discharged nor admitted to bail, nor in any other manner relieved under the provisions of this chapter.
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, as provided in section 532.250, such judge shall appear in person, at the time and place to which the writ is returnable, and if he fail to do so may be proceeded against by attachment.
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 holds him in custody, and shall dispose of the prisoner as the case shall require.