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Supreme Court Rules
Section/Rule:
38.07
Subject:
Rule 38 - Certain Statutory Violations and Violations Bureaus
Publication / Adopted Date:
December 1, 1997
Topic:
Violation Notice - Contents
Revised / Effective Date:
May 1, 2019
38.07. Violation Notice - Contents
(
a
) A violation notice shall be in writing and shall:
(1)
State the name of the prosecuting county;
(2) State the name and address of the court;
(3) State the court date and time for initial appearance;
(4) State the name and date of birth of the accused, if known, or, if the accused’s name is not known, designate the accused by any name or description by which the accused can be identified with reasonable certainty;
(5) State the date and place of the violation as definitely as can be done;
(6) State the facts that support a finding of probable cause to believe the violation was committed and that the accused committed it;
(7) State that the facts contained therein are true;
(8) Be signed by the issuing officer and on a form bearing notice that false statements made therein are punishable by law;
(9) Cite the chapter and section alleged to have been violated and the chapter and section that fixes the penalty or punishment;
(10) State a person must appear in court at the time specified on the citation or otherwise respond to the citation as directed by paying the specified fine and court costs;
(11) State other legal penalties prescribed by law may be imposed for failure to appear and dispose of the violation;
(12) Be substantially in the form of the
Uniform Citation
set out in
Form 37.A
, with such additions as may be necessary to adapt the Uniform Citation to the jurisdiction involved; and
(13) State the Missouri charge code if one exists.
(
b
) When a violation has been designated pursuant to
Rule 38
to be within the authority of a circuit violations bureau, the accused shall be provided with written notification of the specified fine and costs for the violation or with information regarding how the accused may obtain the amount of the fine and court costs for the violation.
(Adopted Dec. 1, 1997, eff. July 1, 1998; Amended Dec. 23, 2003, eff. July 1, 2004; Oct. 15, 2018, eff. May 1, 2019.)
