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Clerk Handbooks
Supreme Court Rules



Section/Rule:
37.21

Subject:
Rule 37 - Statutory and Ordinance Violations and Violation Bureaus
Publication / Adopted Date:
May 14, 1985

Topic:
Rearrest of Defendant
Revised / Effective Date:
January 1, 2020

37.21 Rearrest of Defendant

The court may order a warrant for the arrest of a defendant who has been released pursuant to Rule 37.15 if it shall appear to the court that:

(a) There has been a breach of any condition of release, including but not limited to failure to appear for a court ordered court appearance; or

A defendant arrested and confined on a warrant under this Rule shall be entitled to a hearing forthwith, as set forth below, concerning the reasons for the issuance of the warrant. A defendant who has not previously had an initial appearance under Rule 37.47 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, as provided by Rule 37.47. This initial appearance shall be held no later than 48 hours, excluding weekends and holidays, after the defendant is confined under the warrant 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.

A defendant who has previously had an initial appearance under Rule 37.47 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. This appearance shall be held no later than seven days, excluding weekends and holidays, after the defendant is confined under the warrant 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.

(Adopted May 14, 1985, eff. Jan. 1, 1986. Amended Dec. 23, 2003, eff. Jul. 1, 2004; Jun. 28, 2019, eff. Jan. 1, 2020.)