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Section/Rule:
2.7
Subject:
Chapter 2 - Pre-Trial/Trial Procedures
Publication / Adopted Date:
September 1995
Topic:
Certification of Case For Jury Trial
Revised / Effective Date:
October 2017
Municipal Clerk Manual
Courts with JIS
Chapter Two Pre-Trial/Trial Procedures
2.7 CERTIFICATION OF CASE FOR JURY TRAIL
References
Statutes:
479.130
,
479.150
and 610.105, RSMo
Supreme Court Rules:
37.61
and
43.02(b)
Court Operating Rules: N/A
Published: September 1995
Revised: October 2017
Introduction
(Sections
479.130
and
479.150,
RSMo)
When a defendant pleads not guilty to a municipal violation they can request a jury trial if they have a right to a jury trial and the request is granted.The municipal judge is to certify the case for assignment according to local court rule, except in the city of Springfield where the municipal judge can hold the jury trial.
Motion for Jury Trial
(SCR
37.61
)
A request for jury trial is to be made by motion filed at least 10 days prior to the scheduled trial date. If the designation of trial date occurs less than 10 days before trial, the application may be filed at any time prior to trial.The judge shall promptly rule on the motion.
If the motion is sustained, the case is to be certified to the presiding judge for assignment to a circuit judge or a qualified associate circuit judge who is available.The case will be heard on the record in accordance with procedures applicable before circuit judges.
If the defendant files a written motion requesting waiver of a jury trial, and attaches a waiver of the right to a jury trial, the case may be remanded to the municipal division for trial.
Clerks Duties/Procedures
Courts Accepting Paper Filings
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.)
Defendant Requests Jury Trial
1. Date file stamp (section 100.02) the motion for jury trial (See
SCR 43.02 (b))
.
2.
CDADOCT Custom Docket Association Entry
(See Procedures: Docket Entry in GOLD)
2.1 Use the following docket code and enter into docket text that a motion for jury trial was filed:
§
MOJT Motion for Jury Trial Filed
2.2 Associate the filing party to the docket code.
2.3 Use the appropriate docket code to record the judges decision regarding the motion for jury trial:
§
MDENY Motion Denied
Note:
If motion denied, proceed with normal processing.
§
OJUTR Order for Jury Trial
2.4 If the motion is granted, use the following docket code to indicate final disposition of the case:
§
DCERT Case Certified
3.
CMADISP Custom Related Disposition
(See Procedures: Disposing Charges in GOLD)
3.1 Click on the Disposition Tab:
§
Enter the disposition code DCERT Case Certified for each charge.
§
Use the file stamp date of the motion for the disposition date.
4.
CBAACCD Custom Case/Party Account Detail
(See Procedures: Adding Costs in GOLD)
4.1 Assess costs that may have accrued prior to the request for a jury trial. Costs that may have accrued might include:
§
Postage costs and copy fees incurred to forward the case file to the circuit court;
§
Board Bill; and
§
Law Enforcement Arrest costs.
5.
CCABREF Custom Bond Refund Maintenance
(See Procedures: Applying and/or Refunding a Monetary Bond in GOLD)
5.1 Refund the bond, if applicable, to the circuit court receiving the case.
6.
CAACKRQ Custom Check Request
(See Procedures: Printing Check in GOLD)
6.1 Select the payable(s) for the money being held on the case by the municipal court, and print the check to the applicable circuit court.
7.
OSCA Reports
(See Procedures: Accounting Case Party Fee Report in GOLD)
7.1 Generate the Case Party Fee Report and include with paperwork being sent to the circuit division.
§
Indicate what the municipal would assess as standard court costs. If the defendant is found guilty the circuit should assess the municipal standard court costs.
7.2 Attach the report to the case file information sent to the circuit division.
8. Make a copy of the case file and file it with disposed cases.
9. Forward the following to the circuit clerk:
§
The motion for a jury trial;
§
The record and all related documents, including the original, signed citation, or Information;
§
Any deposit and/or bond given as security in the case;
§
The Case Party Fee Report; and
§
A request to the circuit clerk to advise you upon 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.
10.
CBAACCD Custom Case/Party Account Detail
(See Procedures: Adding Costs or Adjusting Fees on a Case in GOLD)
10.1 Upon notification from the circuit court of the disposition of the case, add or adjust court costs on the municipal courts case to agree with the municipal costs assessed by the circuit court at disposition.
Note:
Do not create a payment plan for any outstanding costs since the circuit court will collect amounts due on the case and will forward the amount collected to the municipal division.
11.
CZASPAY Custom Payment Entry
(See Procedures: Receipting a Payment Using the Automatic Tab in GOLD)
11.1 Receipt payments received from the circuit court.
Defendant Files a Written Motion Requesting Waiver of a Jury Trial
1.
Date file stamp the order of remand and/or copy of the motion requesting waiver received from the higher court.
2.
CDACASU Custom Case Information Update
(See Procedures: Creating a Subsequent Case in GOLD)
2.1
Complete the initiation process for a subsequent case upon receipt of the order to remand to lower court/tribunal
.
§
Use the same case type and case number as the municipal master case.
3.
CDADOCT Custom Docket Association Entry
(See Procedures: Docket Entry in GOLD)
3.1
Use the docket code AREFI Reopen from Mandate.
§
Enter the file stamp date in the filing date field.
2.7 Certification of Case for Jury Trial
Page 4 of 7
5.
CZASPAY Custom Payment Entry
(See Procedures: Receipt a Bond with a Case and/or Receipting a Payment using the Automatic Tab in GOLD)
5.1 Receipt the bond and any other funds, returned to the municipal by the circuit court, if applicable.
6. Proceed with appropriate case processing as directed by the judge.
Courts Accepting eFiled Documents
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.)
Defendant Requests Jury Trial
Note:
Multiple submissions for a single case may be pending in the case import queue. If there are multiple subsequent (non-initiating) submissions to be processed for a single case, the message will read, There are multiple records associated to this filing. Do you want to see all related records? Respond either by choosing Yes, to display all filings or No to process only this filing.
1.
CWICTCQ Case Import
(See Electronic Case Import: Case Import Queue (CWICTCQ) Procedures in GOLD)
1.1 Query the import queue for the request.
1.2 Enter the appropriate 2-character JIS location code.
1.3 Enter Filing Type Code: EF Existing Case.
1.4 Highlight the record and click on view documents in the navigation pane.
Note:
If you are not already logged in to Case.net, you will be prompted to log on using your network username and password.
1.5 The File Viewer will open. Review all the documents and attachments for correct information before proceeding.
1.5.1 Verify the document was submitted on the correct case.
1.5.2 Verify the document is properly signed.
1.6 If there is a problem with the document, follow local court practice to contact the filer or place on hold for supervisor review.
2. If the document meets your local court standards, access
CWACTRI
by double clicking on the selected record or by clicking on Details in the navigation pane of
CWICTCQ
.
3.
CWACTRI Case Import
(See Electronic Case Import: Case Import (CWACTRI) Procedures: Accepting an eFiled Case in GOLD)
Note:
A Save must be performed following each step below:
3.1 Verify and accept the following docket codes as appropriate:
§
MOJT Motion for Jury Trial Filed, to indicate the request for jury trial is by motion.
3.2 Associate the filing party to the docket code, if needed.
3.3 Review, modify or add other docket codes or docket text as necessary.
3.4 Accept Dockets
3.5 Accept Submission in the Navigation pane.
4.
CWACTDE Complete Submission
(See Procedures: Electronic Case Import: Case Import Event in GOLD)
4.1 If any selection is made in the navigation pane you must select the Red Door icon to go back to
CWACTDE
before your submission is successfully completed.
Note:
Once case processing is completed, save and select the Red Door Icon to exit
CWACTDE
at which point the case number will pop up in a notification box stating the case has been accepted.
4.2 Use the appropriate docket code to record the judges decision regarding the motion for jury trial:
§
MDENY Motion Denied
Note:
If motion denied, proceed with normal processing.
§
OJUTR Order for Jury Trial
4.3 If the motion is granted, use the following docket code to indicate final disposition of the case:
§
DCERT Case Certified
5.
CMADISP Custom Related Disposition
(See Procedures: Disposing Charges in GOLD)
5.1 Click on the Disposition Tab:
§
Enter the disposition code DCERT Case Certified for each charge.
§
Use the file stamp date of the motion for the disposition date.
6.
CBAACCD Custom Case/Party Account Detail
(See Procedures: Adding Costs in GOLD)
6.1 Assess costs that may have accrued prior to the request for a jury trial. Costs that may have accrued might include:
§
Postage costs and copy fees incurred to forward the case file to the circuit court;
§
Board Bill; and
§
Law Enforcement Arrest costs.
7.
CCABREF Custom Bond Refund Maintenance
(See Procedures: Applying and/or Refunding a Monetary Bond in GOLD)
7.1 Refund the bond, if applicable, to the circuit court receiving the case.
8.
CAACKRQ Custom Check Request
(See Procedures: Printing Check in GOLD)
8.1 Select the payable(s) for the money being held on the case by the municipal court, and print the check to the applicable circuit court.
9.
OSCA Reports
(See Procedures: Accounting Case Party Fee Report in GOLD)
9.1 Generate
the Case Party Fee Report and include with paperwork being sent to the circuit division.
§
Indicate what the municipal would assess as standard court costs. If the defendant is found guilty the circuit should assess the municipal standard court costs.
9.2 Attach the report to the case file information sent to the circuit division.
10. Make a copy of the case file and file it with disposed cases.
11. Forward the following to the circuit clerk:
§
The motion for a jury trial;
§
The record and all related documents, including the original, signed citation, or Information;
§
Any deposit and/or bond given as security in the case;
§
The Case Party Fee Report; and
§
A request to the circuit clerk to advise you upon 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.
12.
CBAACCD Custom Case/Party Account Detail
(See Procedures: Adding Costs or Adjusting Fees on a Case in GOLD)
12.1 Upon notification from the circuit court of the disposition of the case, add or adjust court costs on the municipal courts case to agree with the municipal costs assessed by the circuit court at disposition.
Note:
Do not create a payment plan for any outstanding costs since the circuit court will collect amounts due on the case and will forward the amount collected to the municipal division.
13.
CZASPAY Custom Payment Entry
(See Procedures: Receipting a Payment Using the Automatic Tab in GOLD)
13.1 Receipt payments received from the circuit court.
Defendant Files a Written Motion Requesting Waiver of a Jury Trial
1.
Date file stamp the order of remand and/or copy of the motion requesting waiver received from the higher court.
§
If the order of remand and/or copy of the motion requesting waiver is received by email, add filed stamp using the date the email was received.
2.
CDACASU Custom Case Information Update
(See Procedures: Creating a Subsequent Case in GOLD)
2.1
Complete the initiation process for a subsequent case upon receipt of the order to remand to lower court/tribunal
.
§
Use the same case type and case number as the municipal master case.
3.
CDADOCT Custom Docket Association Entry
(See Procedures: Docket Entry in GOLD)
3.1
Use the docket code AREFI Reopen from Mandate.
§
Enter the file stamp date in the filing date field.
4.
CDARELC Related/Consolidated Case
(See Procedures: Case Maintenance Relating Filed Cases in GOLD)
4.1 Relate the municipal sub case to the circuit court case.
5.
CZASPAY Custom Payment Entry
(See Procedures: Receipt a Bond with a Case and/or Receipting a Payment using the Automatic Tab in GOLD)
5.1 Receipt the bond and any other funds, returned to the municipal by the circuit court, if applicable.
6. Proceed with appropriate case processing as directed by the judge.
Forms
Form 37.H