Municipal Clerk Manual – Courts with JIS - Chapter 2 - Pre-Trial/Trial Procedures: Service of Summons or Warrant

Clerk Handbooks

Municipal Clerk Manual – Courts with JIS

		Section/Rule:	2.4
Subject:	Chapter 2 - Pre-Trial/Trial Procedures	Publication / Adopted Date:	February 1992
Topic:	Service of Summons or Warrant	Revised / Effective Date:	February 2018

Municipal Clerk Handbook
Courts with JIS
Chapter 2 - Pre-Trial/Trial Procedures

2.4 – Service of Summons or Warrant

References
Statutes: 304.009, 479.360, 589.660, 589.663, 589.666, 589.669, 589.672, 589.675, 589.678 and 589.681, RSMo
Supreme Court Rules: 37.42, 37.43, 37.44, 37.45, 37.46, 37.65, 54.13 and 54.14
Court Operating Rules: 2
Publication Date: February 1992
Revised: February 2018

INTRODUCTION (Supreme Court Rule 37.43)

Upon the filing of the document charging an ordinance violation, a summons shall be issued unless the court finds that there are:

1. Sufficient facts stated to show probable cause that an ordinance violation has been committed, and

2. Reasonable grounds for the court to believe that the defendant will not appear upon the summons, or a showing has been made to the court that the accused poses a danger to a crime victim, the community, or any other person.

If the court so finds, a warrant for the arrest of the defendant may be issued.

SAFE AT HOME (589.660, 589.663, 589.666, 589.669, 589.672, 589.675, 589.678, and 589.681, RSMo)

The Address Confidentiality Program allows a victim of domestic violence, rape, sexual assault, or stalking to authorize the Secretary of State to designate an address for the receipt of first-class mail, legal documents, and certified mail. The court shall accept the address provided by the victim and process as the victim’s primary address, unless further indicated as confidential.

SUMMONS (Supreme Court Rule 37.42)

A summons is a notice issued when documentation charging the commission of an ordinance violation is filed.

Content of Summons

The summons shall:

1. Be in writing and in the name of the prosecuting municipality or county;

2. State the name of the person summoned and the address, if known;

3. Describe the ordinance violation charged;

4. Be signed by a judge or by a clerk of the court when directed by a judge; and

5. Command the person to appear before the court at the time and place stated on the summons.

Service of Summons (Supreme Court Rules 37.44, 54.13 and 54.14)

The summons may be served by:

1. First class mail to the defendant’s last known address; or

2. In the manner provided by Rule 54.13 or Rule 54.14.

Failure to Appear In Response to a Summons (Supreme Court Rules 37.44 and 34.65)

If the defendant fails to pay fine and court cost the judge may issue a summons to show cause why the defendant did not pay. If the defendant fails to appear in response to a summons and upon a finding of probable cause that an ordinance violation has been committed, the court may issue an arrest warrant.

WARRANT (Supreme Court Rule 37.45)

A warrant is a document granting permission to arrest a person, conduct a search, seize an item, etc.

Content of Warrant

The warrant shall:

1. Be in writing and issued in the name of the prosecuting municipality or county. It may be directed to any peace officer in the state.

2. Contain the name of the person to be arrested or, if not known, any name or description by which the defendant can be identified with reasonable certainty;

3. Describe the ordinance violation charged in the information;

4. State the date when issued and the jurisdiction where issued;

5. Command that the defendant named or described be arrested and brought before the court designated in the warrant;

6. Specify the conditions of release; and

7. Be signed by a judge or by a clerk of the court when directed by the judge for a specific warrant.

Service of Warrant (Supreme Court Rule 37.46)

1. A warrant ordered for an ordinance violation may be directed to any peace officer in the state.

2. The warrant shall be executed by the arrest of the defendant.

3. A warrant may be executed anywhere in the state by any peace officer.

NOTE: Section 479.360.1 states Defendants shall not be held in municipal custody for more than 24 hours without a warrant. Defendants must be heard by the judge in person, by telephone, or video conference as soon as practicable and no later than 48 hours on a minor traffic violation or 72 hours on any other violation and, if not given that opportunity are released.

CLERKS DUTIES/PROCEDURES

REMINDER: For courts using the Document Management System (DMS), while on the appropriate docket code, access the Document Management Window to attach the document(s). (See Document Management System (DMS): Procedures: DMS Link to Scan from Work Station or Procedures: Scan and Then Link to the DMS in GOLD)

Issuing the Summons

1. CZAMSER/CZAMISS – Mass Service Document Entry/Mass Service Issuance (See Procedures: Issuing a Service Document(s) in GOLD)

1.1 Use one of the following document codes, as appropriate:

MU81 – Show Cause Summons – Failure to Appear

§ MU82 – Show Cause Summons – Failure to Pay

§ MUSU – Municipal Criminal Summons

§ SCPV – Municipal Show Cause Summons-Probation Violation

1.2 Use one of the following docket codes, as appropriate:

SIMUN – Summons Issued - Municipal

§ SISFP – Show Cause Issued-Fail to Pay

§ SIPBV – Show Cause Issued - Probation Violation

§ SISHC – Show Cause Summons Issued

§ SISFA – Show Cause Issd-Fail to Appear

2. CZRLMRG – Letter Merge (See Procedures: Generating a Letter through CZRLMRG in GOLD)

2.1 Verify the document code used on

Mass Service Document Entry/Mass Service Issuance (CZAMSER/CZAMISS)

carried forward to

Letter Merge (CZRLMRG)

3. Place a copy of the summons in the case file. If summons is to be personally served, place a copy in the Pending Service file.

4. Mail the summons or forward it to the appropriate law enforcement official for personal service.

Returning the Summons (applies only if personally served)

1. Date file stamp when the summons was received.

2. COADTRA – Service Document Tracking Maintenance (See Procedures: Tracking a Service Document in GOLD)

2.1 Use the following docket code:

SSPER-Summons Personally Served

3. File the original summons in the case file.

4. File the case file with other pending cases.

Prosecuting Attorney Requests Temporary Removal of Case from Case.net

Note: COR 2 allows the prosecuting attorney to request that the court temporarily remove case information from Case.net when an arrest warrant is issued at the initial filing of a criminal case. Follow the below steps if the prosecuting attorney requests a case be removed from Case.net while the arrest warrant is being served. For all other warrants proceed to Issue the Warrant section.

To identify all warrants issued on a specific case, person or within a specific date range, access the Warrant Inquiry form (CWIWRNT).

(See Procedures: Warrant Inquiry Form in GOLD)

1. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

1.1 Use the following docket code to record the prosecuting attorney’s written or verbal motion to temporarily remove the case from Case.net:

MTRWA – Motion to Restrict Web Access

1.2 Use the following docket code to record judge’s order to temporarily remove the warrant from Case.net:

OTRWA – Order to Restrict Web Access

Note:

Entering the OTRWA docket code will automatically raise the case security level to 3 to prevent the public from viewing the case on Case.net. (Law Enforcement will be able to access the case on secure

Case.net

2. CSAEVNT – Custom Event Scheduling (See Procedures: Scheduling in GOLD)

2.1 Use one of the following event codes to calendar the case to add the FCASE (Case.net public access restored) docket code five days from the date the case was filed. The CRV2 – CRV6 event codes will not show on the Scheduled Hearings and Trials tab on Case.net, however these event codes will show on the Circuit Court Calendar:

CRV2 – Case Review 2

CRV3 – Case Review 3

CRV4 – Case Review 4

CRV5 – Case Review 5

CRV6 – Case Review 6

2.2 Enter into event text that the FCASE (Case.net public access restored) code needs to be added to the case five days from the case filing.

Note:

The FCASE (Casenet public access restored) docket code will lower the case security level to 2 which will allow the public to view the case on Case.net.

3. Proceed to the Issue the Warrant in this section to prepare a warrant for service on the defendant.

Issue the Warrant

Note: To identify all warrants issued on a specific case, person or within a specific date range, access the Warrant Inquiry form (CWIWRNT) (See Procedures: Warrant Inquiry Form in GOLD)

1. Prepare a warrant for service on the defendant.

Note

: Be sure to include the Offense Cycle Number (OCN), if known, in

Site Defined Fields (COASITE)

so that it will appear on the warrant.

2. CZAMSER – Custom Mass Service Document Entry (See Procedures: Issuing a Service Document(s) in GOLD)

2.1 Use one of the following document codes, as appropriate:

FTAW – Muni Fail to Appear Warrant

PBVW – Muni Prob Vio Warrant

MUWA – Warrant for Arrest - Municipal

WARR – Municipal Warrant

2.2 Use one of the following docket codes, as appropriate:

SIWI – Warrant Issued

SIFTA – Warrant Issd Failure to Appear

SIFAL – Warrant - Fail to Abide Order

SIPPV – Warrant Issd – Prob/Parole Viol

3. CZRLMRG – Custom Letter Merge (See Procedures: Generating a Letter through CZRLMRG in GOLD)

3.1 Verify that the document code used on

Custom Mass Service Document Entry

(CZAMSER)

carried forward to

Custom Letter Merge (CZRLMRG)

4. Have the judge sign the warrant or if directed by the judge, clerk may sign the warrant.

5. Make a copy of the warrant.

6. Forward the warrant to the sheriff or appropriate law enforcement official for personal service on each defendant.

7. File the document in the case file. File the case file alphabetically by defendant’s last name in the file for Pending Service.

Return of Service

1. Date file stamp the return of service when received.

Note

: Make sure the original warrant is returned to the court.

2. CBAACCD - Custom Case/Party Account Detail (See Procedures: Adding Costs in GOLD)

2.1 Assess sheriff’s mileage, if applicable. Enter detail code 3061 – Sheriff Criminal Mileage in the detail field.

3. COADTRA – Custom Service Document Tracking Maintenance (See Procedures: Tracking a Service Document)

3.1 Use the one of the following docket codes, as appropriate:

SSWS – Warrant Served

SSWR – Warrant Recalled/Withdrawn

3.1 Use one of the following reason codes, as appropriate:

RECL – Recalled/Withdrawn

RERE – Recalled for Re-issuance

SERV – Served

4. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

4.1 After the warrant is served or when the CRV2-CRV6 event becomes due (whichever occurs first), enter the following docket code:

FCASE – Casenet Public Access Restored

Note:

The FCASE (Casenet public access restored) docket code will automatically lower the case security level to 2 and allow the case to be viewed on Case.net.

Reviewing the Pending Service Report

OSCA recommends that every quarter; review the Pending Service Report to determine the status of each warrant. The review process may involve the court, prosecutor, and also the police department. Primary considerations in the review process are:

1. Recalled and served warrants have been returned in JIS.

2. The appropriate law enforcement agency has been notified of the recall.

3. Reasonable efforts are being made to execute the warrant.

4. Confirm that the prosecutor wishes to pursue prosecution if the warrant has been served.

After Hours Warrants for New Cases

Note:

When the court is unavailable after business hours or on holidays or weekends, estimate the number of warrants that your court may process until the court staff is available.

1. CMAINIT – Case Initiation Maintenance (See Procedures: Initiating in GOLD)

1.1 Make sure the court codes and location codes are correct for your municipality.

1.2 Use one of the following case types temporarily until the case is filed:

O1 – Cnty Ordn – Alchl&Drg Rel Traf

O7 – County Ordinance – Traffic

O8 – County Ordinance – Other

O3 – Muni-Alcohol & Drug Rel Traf

O5 – Municipal Ordinance – Traffic

O6 – Municipal Ordinance – Other

1.3 Let JIS generate the Case ID.

1.4 Use the following case description:

AFTER HOURS WARRANT

1.5 Use the agency ORI of the arresting agency that conducts most arrests for your court.

1.6 Raise the case security level to 3 to prohibit the case from displaying on Case.net.

Note:

Do not add parties or docket codes.

2. Repeat Step 1 for each warrant that the court will process after hours.

Note: A warrant is not actually produced in this process. A case number is generated as a place holder. The next business day a warrant would be issued for the case, if applicable.

The Next Business Day Procedures for After Hours Warrant

1. CDACASU – Updating Case Information (See Procedures: Updating Case Information in GOLD)

1.1 Enter case number used after hours.

1.2 Change the case description to adhere to standards.

(See Procedures: Case Description Standards in GOLD)

1.3 Change the case type, if necessary.

1.4 Change the security level to 2.

Note:

If a motion to restrict web access was filed during case initiation, do not change the case security level. The case security should remain at 3.

1.5 Change the filing date to the date the case was actually filed.

2. CMAINIT – Case Initiation Maintenance (See Procedures: Case Initiation in GOLD)

2.1 Query for the Case ID.

2.2 On the Party Tab enter the appropriate parties:

DFT – Defendant

2.3 On the demographics tab:

2.3.1. Enter all available identifying information regarding the Defendant.

2.4 Click on the Short Docket tab:

2.4.1 Any docket codes that were automatically added by JIS as a result of the case type selected during case initiation can be saved.

2.5 Use the following docket code to record the prosecuting attorney’s written or verbal motion to temporarily remove the case from Case.net:

MTRWA – Motion to Restrict Web Access

2.6 Use the following docket code to record judge’s order to temporarily remove the warrant from Case.net:

OTRWA – Order to Restrict Web Access

Note:

2.7 Add any relevant details to docket text on the docket codes by accessing CDADOCT via the navigation pane.

2.8 Click on the Ltd Event tab:

2.8.1 Use one of the following event codes to calendar the case to add the FCASE (Casenet public access restored) docket code five days from the date the case was filed. The CRV2 – CRV6 event codes will not show on the Scheduled Hearings and Trials tab on Case.net, however these event codes will show on the Circuit Court Calendar:

CRV2 – Case Review 2

CRV3 – Case Review 3

CRV4 – Case Review 4

CRV5 – Case Review 5

CRV6 – Case Review 6

2.8.2 Enter into event text that the FCASE (Casenet public access restored) code needs to be added to the case five days from the case filing.

Note:

The FCASE (Casenet public access restored) docket code will lower the case security level to 2 which will allow the public to view the case on Case.net.

3. CZAMSER – Custom Mass Service Document Entry (See Procedures: Issuing a Service Document in GOLD)

3.1 Use the following document code:

MUWA – Municipal Warrant for Arrest

3.2 Use the following docket code:

SIWI – Warrant Issued

4. COADTRA – Custom Service Document Tracking Maintenance (See Procedures: Service in GOLD)

4.1 Locate and update the current service status of the warrant.

5. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

5.1 After the warrant is served or when the CRV2 – CRV6 event becomes due (whichever occurs first), enter the following docket code:

FCASE – Casenet Public Access Restored

Note:

The FCASE (Casenet public access restored) docket code will automatically lower the case security level to 2 and allow the case to be viewed on Case.net.

6. Make a copy of the warrant.

7. File the documents in the case file. File the case file alphabetically by defendant’s last name in the file for Pending Service.

Forms
CR140 - Notice of Withdrawal of Warrant
MU10 Violation Notice/Information and Summons
MU11 Violation Notice/Information and Summons VB
MU59 Order to Recall Warrant
MU81 Show Cause Summons – Failure to Pay
MU82 Show Cause Summons – Failure to Appear
MU100 Warrant for Arrest