Municipal Clerk Manual – Courts without JIS - Chapter 2 - Pre-Trial/Trial Procedures: Trial De Novo

Clerk Handbooks

Municipal Clerk Manual – Courts without JIS

		Section/Rule:	2.8
Subject:	Chapter 2 - Pre-Trial/Trial Procedures	Publication / Adopted Date:	September 1995
Topic:	Trial De Novo	Revised / Effective Date:	September 2020

Municipal Clerk Handbook
Courts Without JIS
Chapter Two – Pre-Trial/Trial Procedures

2.8 – Trial De Novo

References
Statutes: 479.200, 479.260, 488.012 and 610.105 RSMo
Supreme Court Rules: 37.71, 37.72, 37.73 and 37.74
Court Operating Rules: 21.01
Published: February 1992
Revised: September 2020

Introduction

A trial de novo is a new trial held as though it had not been tried before. A municipal case heard in the associate division not heard on the record, may be reheard on the record before a circuit judge.

Right to Trial De Novo (Section 479.200 RSMo)

In any case tried before a municipal judge who is not licensed to practice law in Missouri, the defendant shall have a right to trial de novo before a circuit or associate circuit judge, even if the defendant pled guilty. In any case tried before a municipal judge who is a licensed attorney in Missouri, the defendant shall have the right of trial de novo, unless there has been a plea of guilty or the case has been tried before a jury. An application for trial de novo shall not be granted after the defendant has satisfied any part of the penalty and costs of the judgment.

Filing (SCR 37.71)

An application for trial de novo must be filed within 10 days of the entry of judgment with the municipal court clerk. No judge may order an extension of time for filing the application.

Stay of Execution (Supreme Court Rule 37.72)

The filing of an application for trial de novo or review shall suspend the execution of the judgment of the municipal division.

Note: If the application for trial de novo is withdrawn, or if before the trial, the court enters a finding that the applicant abandoned the trial de novo; the case shall be remanded to the municipal division for execution of judgment.

Disposition of Case

When forwarding the case record, the municipal clerk should request the court handling the trial de novo to inform the municipal division of the case disposition. This is particularly important if the trial de novo disposition requires the municipal court record closed under Chapter 610 RSMo; e.g., if the case was dismissed or the defendant was found not guilty.

The municipal clerk should verify the receiving court is aware of the standard court costs charged by the municipal division. Any fines and court costs collected by another court after the trial de novo will be returned to the municipal division.

Record to be Transmitted (SCR 37.73)

Forward to the circuit clerk or associate division clerk (on assignment or as designated by local court rule), within 15 days of receipt of the application the following:

The application for trial de novo;

The certified record and all related documents, including the original, signed citation or Information;

The $30.00 trial de novo fee or affidavit of indigency;

Any bond given as security in the case; and

Documentation of the municipal’s standard court costs and any additional costs incurred on the case up to the time the municipal division disposed of the case.

Note: Make a copy of the documents for the case file.

Withdrawal of Application for Trial De Novo (SCR 37.72)

The filing of a request for trial de novo shall suspend the execution of the judgment in the municipal division. If the defendant withdraws the request for trial de novo, or if before the trial begins the court enters a finding that the defendant abandoned the trial de novo, the case shall be remanded to the municipal division for execution of judgment.

Clerk’s Duties/Procedures

Application/Request for Trial De Novo Received

1. Date file stamp (See SCR 43.02(b)) the application for trial de novo with the date the application is received.

2. Collect a $30.00 application fee (plus any additional deposit if required by local court rule) and issue a receipt to the party.

3. Make a notation or entry on the backer sheet of the Trial de Novo filed, using the File Stamp Date as the filing date.

4. Make a notation of deletion of the case disposition, any probation or other program recorded, and any sentence on the backer sheet.

5. Prepare and maintain a copy of the case record.

6. Forward the following to the circuit/associate circuit clerk within 15 days of receipt of the application :

The application for trial de novo;

The certified record and all related documents, including the original, signed citation, or Information;

The $30.00 trial de novo fee or if applicable, an affidavit of indigency;

Any bond given as security in the case;

A copy of the fee sheet, cost bill, or documentation indicating the municipal court costs assessed with the original disposition; and

A request to the circuit clerk to advise you on disposition if the case is required to be closed pursuant to

Section

610.105, RSMo

and to inform you of the amount of fine and costs assessed by the circuit court.

7. A procedure should be established to communicate case information from the circuit/associate division to the municipal division. OSCA suggests either:

The circuit/associate division clerk contact the municipal clerk on the outcome of the trial de novo, or

The municipal division clerk research the outcome of the case on

Case.net

or sign up for Track This Case.

8. If the violation is point assessable, forwardto DOR form CR70 Driver Record Revision Request to stay the points.

9. Upon notification from the circuit court of the disposition of the case, add or adjust court costs on the municipal court’s case to agree with the municipal costs assessed by the circuit court at disposition.

Defendant Withdraws Request for Trial De Novo or the Court Enters a Finding that the Applicant has Abandoned the Trial De Novo

1. Date file stamp the petition to withdraw request for trial de novo.

2. Make an entry on the record that the request for trial de novo was withdrawn.

3. If the violation is point assessable, forwardto DOR a copy of the Abstract of Court Record or CR 285 Record of Conviction.

4. File the record with other disposed cases.

Forms:
CR70 Driver Record Revision Request
CR285 Record of Conviction
MBB 14-01 Application for Trial De Novo/Review
Abstract of Court Record