Missouri Laws 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;
Terms Used In Missouri Laws 532.180
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(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.