Municipal Clerk Manual – Courts with JIS - Chapter 2 - Pre-Trial/Trial Procedures: Trial De Novo

Clerk Handbooks

Municipal Clerk Manual – Courts with JIS

		Section/Rule:	2.8
Subject:	Chapter 2 - Pre-Trial/Trial Procedures	Publication / Adopted Date:	September 1995
Topic:	Trial De Novo	Revised / Effective Date:	October 2017

Municipal Clerk Handbook
Courts with 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: October 2017

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. The application for trail de novo must be filed with the municipal court clerk. No judge may order an extension of time for filing the application.

Stay of Execution (SCR 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Note: If the application for trial de novo is withdrawn, or if before the trial, the court enters a finding that the applicant abandoned the trial de novo, the case shall be remanded to the municipal division for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), the following:

1. The application for trial de novo;

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

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

4. Any bond given as security in the case; and

5. 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

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.)

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

2.1 Use the following docket code:

FAPFI – Application filed.

2.2 Enter the File Stamp Date as the filing date.

2.3 Associate the docket code to the filing party.

2.4 Enter into docket text “Trial de Novo filed” to indicate what was filed, and the current charge disposition information (including dates as appropriate; sentence information).

Note:

It is important to use both the FAPFI docket code and enter into docket text “Trial de Novo filed” to ensure these cases will be correctly accounted for in the

Trial de Novo and/or appeal applications filed

row of the

Municipal Division Summary Reporting Form

when running the Cognos report.

3. CDACDDK – Docket Change/Delete (See Procedures: Changing/Deleting an Eligible Docket Code in GOLD)

3.1 Delete the case disposition code.

3.2 Complete step 4, if the defendant was put on probation or another program recorded on CZAPROG. If not, proceed to

step 5.

4. CZAPROG – Custom Programs/Services (See Procedures: Entering an Individual in a Program in GOLD)

4.1 Remove any records present on the case by highlighting and selecting the

Delete

option in the Navigation Pane.

5. CMADISP – Custom Related Disposition (See Procedures: Deleting a Sentence in GOLD)

5.1 Click on the Sentence tab:

Delete all sentences related to the case by highlighting each sentence and selecting

Delete Sentence

in the Navigation Pane.

Note:

If the court receives the error, “An outstanding fee exists; Sentence is not eligible to be deleted” when trying to delete the sentence, the fine amount will need to be reduced to zero before the sentence can be deleted. Select the Fine Option in the navigation pane and adjust the fine amount to zero using TRAN – Cause Transferred for the reason code.

5.2 Click on the Disposition Tab:

Delete the disposition on each charge.

Note:

The disposition will not be deleted until the save action is completed.

Note:

Any record reported to DOR as a ROCD – Record of Traffic Disposition Deleted is processed manually at DOR. This may cause a delay in posting updates at DOR (e.g., removing points assessed in error or reissuing driver’s licenses revoked for points). This will not affect or change any current case processing methods with the court.

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

6.1 Assess the trial de novo application fee (5060) to the case and defendant. If the application fee is made out to the municipal court, enter the Payee ID for the receiving court. See section

4.2, Municipal Specific Court Costs.

7. CZASPAY – Custom Payment Entry (See Procedures: Receipting a Payment Using the Automatic Tab or Receipting a Manual Payment in GOLD)

7.1 Receipt the payment for the trial de novo application fee. This receipt will create a payable to the circuit division for the application fee provided the circuit division ID was entered into the Payee ID field on CBAACCD.

If court costs were previously entered on the case with the original disposition, the payment may have to be receipted using the Manual Tab on CZASPAY to ensure the payment is properly applied to the application fee.

Note:

Some courts may have the defendant make the payment for the trial de novo application fee out to the receiving court. In this situation, the municipal court can satisfy the trial de novo fee entered on CBAACCD by receipting a direct payment (8510) on CZASPAY Manual Tab.

8. CBAPLAN – Custom Payment Plan Creation (See Procedures: Inactivating a Payment Plan in GOLD)

8.1 If court costs were assessed when the case was originally disposed by the municipal court and a payment plan was created, remove the costs associated to the payment plan and inactivate the payment plan.

8.2 Complete step 9, if bond was posted on the case. If no bond was posted, proceed to

step 10

9. CCABREF – Custom Bond Refund Maintenance (See Procedures: Applying and /or Refunding a Monetary Bond in GOLD)

9.1 Refund the bond, if applicable, to the court receiving the trial de novo application.

10. CAACKRQ – Custom Check Request (See Procedures: Printing Checks in GOLD)

10.1 Select the payable(s) for the trial de novo application fee, if applicable, and any cash bond posted, and print the check.

Proceed with the following procedures after the record is electronically deleted and the ROCD – Record of Traffic Disp Deleted docket code is added on the Docket Association Entry (CDADOCT) form.

11. CMADISP – Custom Related Disposition (See Procedures: Disposing Charges in GOLD)

11.1 Click on the Disposition Tab:

Enter the disposition code DCERT – Case Certified for each charge.

Use the file stamp date of the trial de novo application for the disposition date.

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

12.1 Use the following docket code to indicate final disposition of the case:

DCERT – Case Certified

Use the file stamp date of the trial de novo application as the filing date.

13. CDACASU – Custom Case Information Update (See Procedures: Updating Case Information in GOLD)

13.1 Modify the case security to level one so that the subsequent case can be created by the associate or circuit division.

14. OSCA Reports (See Procedures: Accounting Case Party Fee Report in GOLD)

14.1 Generate

Case Party Fee Report

and include it with the paperwork being sent to the circuit division. The

Case Party Fee Report

should include 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.

15. Forward the following to the circuit/associate circuit clerk:

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;

The Case Party Fee Report; 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.

16. 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.

17. CBAACCD – Custom Case/Party Account Detail (See Procedures: Adding Costs or Adjusting Fees on a Case in GOLD)

17.1 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.

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.

18. CZASPAY – Custom Payment Entry (See Procedures: Receipting a Payment Using the Automatic Tab in GOLD)

18.1 Receipt payments received from the circuit court.

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

2.1 Use the following docket code:

FREQ – Request Filed

2.2 Associate the docket code to the filing party.

2.3 Enter into docket text the date the trial de novo request was withdrawn.

3. CDACASU – Custom Case Information Update (See Procedures: Updating Case Information in GOLD)

3.1 Modify the case security back to level two.

3. CDACDDK – Docket Change Delete (See Procedures: Changing/Deleting an Eligible Docket Code in GOLD)

3.1 Re-enter the appropriate case disposition code:

DTCGL – Tried by Court–Guilty

4. CMADISP – Custom Related Disposition (See Procedures: Sentencing in GOLD)

4.1 Click on the Sentence Tab:

Re-enter any sentences deleted from the case.

4.2 Click on the Disposition Tab:

Re-enter the disposition on each charge.

Note:

Make sure the disposition is re-entered using the original disposition date in case the ROCD – Record of Traffic Disposition Deleted has not been processed by DOR. The duplicate dates will alert DOR to a possible error.

5. CZAPROG – Custom Programs/Services (See Procedures: Entering the Outcome or Updating a Program in GOLD)

5.1 Enter any records that were removed from the case.

6. CBAACCD – Custom Case/Party Account Detail (See Procedures: Adding Costs or Adjusting Fees on a Case in GOLD)

6.1 Verify that the court costs and fine have been properly assessed to the case and party. Add or adjust costs as applicable to agree with the original disposition.

6.2 If the total amount due is not being paid immediately, create a payment plan for the amount due on the case.

(See Procedures: Creating a Quick Payment Plan in GOLD)

7. CZASPAY – Custom Payment Entry (See Procedures: Receipting a Payment Using the Automatic Tab or Receipting a Payment on a Payment Plan in GOLD)

7.1 Receipt any payments received.

8. File the case with other disposed cases.

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.)

Application/Request for Trial De Novo Received

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:

FAPFI – Application filed

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.

5. CDACDDK – Docket Change/Delete (See Procedures: Changing/Deleting an Eligible Docket Code in GOLD)

5.1 Delete the case disposition code.

5.2 Complete step 6, if the defendant was put on probation or another program recorded on CZAPROG. If not, proceed to

step 7.

6. CZAPROG – Custom Programs/Services (See Procedures: Entering an Individual in a Program in GOLD)

6.1 Remove any records present on the case by highlighting and selecting the

Delete

option in the Navigation Pane.

7. CMADISP – Custom Related Disposition (See Procedures: Deleting a Sentence in GOLD)

7.1 Click on the Sentence tab:

Delete all sentences related to the case by highlighting each sentence and selecting

Delete Sentence

in the Navigation Pane.

Note:

7.2 Click on the Disposition Tab:

Delete the disposition on each applicable charge.

Note:

The disposition will not be deleted until the save action is completed.

Note:

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

8.1 Assess the trial de novo application fee (5060) to the case and defendant. If the application fee is made out to the municipal court, enter the Payee ID for the receiving court. See section

4.2, Municipal Specific Court Costs

9. CZASPAY – Custom Payment Entry (See Procedures: Receipting a Payment Using the Automatic Tab or Receipting a Manual Payment in GOLD)

9.1 Receipt the payment for the trial de novo application fee. This receipt will create a payable to the circuit division for the application fee provided the circuit division ID was entered into the Payee ID field on CBAACCD.

Note:

10. CBAPLAN – Custom Payment Plan Creation (See Procedures: Inactivating a Payment Plan in GOLD)

10.1 If court costs were assessed when the case was originally disposed by the municipal court and a payment plan was created, remove the costs associated to the payment plan and inactivate the payment plan.

10.2 Complete step 11, if bond was posted on the case. If no bond was posted, proceed to

step 12

11. CCABREF – Custom Bond Refund Maintenance (See Procedures: Applying and /or Refunding a Monetary Bond in GOLD)

11.1 Refund the bond, if applicable, to the court receiving the trial de novo application.

12. CAACKRQ - Custom Check Request (See Procedures: Printing Checks in GOLD)

12.1 Select the payable(s) for the trial de novo application fee, if applicable, and any cash bond posted, and print the check.

Proceed with the following procedures after the record is electronically deleted and the ROCD – Record of Traffic Disp Deleted docket code is added on Docket Association Entry (CDADOCT) form.

13. CMADISP – Custom Related Disposition (See Procedures: Disposing Charges in GOLD)

13.1 Click on the Disposition Tab:

Enter the disposition code DCERT – Case Certified for each charge.

Use the file stamp date of the trial de novo application for the disposition date.

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

14.1 Use the following docket code to indicate final disposition of the case:

DCERT – Case Certified

Use the file stamp date of the trial de novo application as the filing date.

15. CDACASU – Custom Case Information Update (See Procedures: Updating Case Information in GOLD)

15.1 Modify the case security to level one so that the subsequent case can be created by the associate or circuit division.

16. OSCA Reports (See Procedures: Accounting Case Party Fee Report in GOLD)

16.1 Generate

Case Party Fee Report

and include it with the paperwork being sent to the circuit division. The

Case Party Fee Report

should include 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.

17. Forward the following to the circuit/associate circuit clerk:

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;

The Case Party Fee Report; 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.

18. 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.

19. CBAACCD – Custom Case/Party Account Detail (See Procedures: Adding Costs or Adjusting Fees on a Case in GOLD)

19.1 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.

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.

20. CZASPAY – Custom Payment Entry (See Procedures: Receipting a Payment Using the Automatic Tab in GOLD)

20.1 Receipt payments received from the circuit court.

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

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:

FREQ – Request Filed

3.2 Associate the filing party to the docket code, if needed.

3.4 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.

5. CDACASU – Custom Case Information Update (See Procedures: Updating Case Information in GOLD)

5.1 Modify the case security back to level two.

6. CDACDDK – Docket Change Delete (See Procedures: Changing/Deleting an Eligible Docket Code in GOLD)

6.1 Re-enter the appropriate case disposition code:

DTCGL – Tried by Court–Guilty

7. CMADISP – Custom Related Disposition (See Procedures: Sentencing in GOLD)

7.1 Click on the Sentence Tab:

Re-enter any sentences deleted from the case.

7.2 Click on the Disposition Tab:

Re-enter the disposition on each charge.

Note:

8. CZAPROG – Custom Programs/Services (See Procedures: Entering the Outcome or Updating a Program in GOLD)

8.1 Enter any records that were removed from the case.

9. CBAACCD – Custom Case/Party Account Detail (See Procedures: Adding Costs or Adjusting Fees on a Case in GOLD)

9.1 Verify that the court costs and fine have been properly assessed to the case and party. Add or adjust costs as applicable to agree with the original disposition.

9.2 If the total amount due is not being paid immediately, create a payment plan for the amount due on the case.

(See Procedures: Creating a Quick Payment Plan in GOLD)

10. CZASPAY – Custom Payment Entry (See Procedures: Receipting a Payment Using the Automatic Tab or Receipting a Payment on a Payment Plan in GOLD)

10.1 Receipt any payments received.

11. File the case with other disposed cases.

Forms
MBB 14-01 Application for Trial De Novo/Review