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Clerk Handbooks
Supreme Court Rules



Section/Rule:
29.18

Subject:
Rule 29 - Rules of Criminal Procedure - Misdemeanors or Felonies - Verdict Sentence and New Trial
Publication / Adopted Date:
January 1, 2011

Topic:
Probation and Judicial Parole Violations - Procedure
Revised / Effective Date:
January 1, 2020

29.18 Probation and Judicial Parole Violations - Procedure

(a) Nature of Proceeding - Rules of Civil Procedure Apply. Court hearings involving a person serving a term of probation or judicial parole are governed by the Rule 29.18. This Rule 29.18 provides the exclusive procedure for conducting such hearings. The procedure to be followed for such hearings is governed by the rules of civil procedure insofar as applicable except as provided in Rule 29.18(e).

(b) Clerk's Duties. The clerk shall file any motions to revoke probation or judicial parole in the underlying criminal file.

(c) Change of Judge. Any application for change of judge shall be governed by Rule 51.05. A party shall not be allowed a change of judge from a judge who presided over the underlying criminal case or a previous motion to revoke probation or judicial parole in the underlying case.

(d) Release Pending Final Hearing. A defendant arrested and confined under a warrant for a probation or judicial parole violation shall be brought for an appearance, in person or by interactive video technology, before a judge of the court from which the warrant was issued forthwith, but no later than seven days, excluding weekends and holidays, after the defendant is confined in the county that issued the warrant, or in a county with which the county issuing the warrant has a contractual agreement to hold the defendant. The court shall consider the conditional release of the defendant pursuant to Rule 33.01 pending a final determination of the probation or judicial parole violation.

(e) Revocation of Probation. A court may revoke probation upon compliance with section 559.036, RSMo, but not otherwise.

(f) Discovery. The rules applicable to criminal cases shall govern discovery.

(Adopted May 19, 2010, eff. January 1, 2011. Amended Jun. 25, 2019, eff. Jan. 1, 2020.)