Municipal Clerk Manual – Courts without JIS - Chapter 2 - Pre-Trial/Trial Procedures: Certification of Case For Jury Trial

Clerk Handbooks

Municipal Clerk Manual – Courts without JIS

		Section/Rule:	2.7
Subject:	Chapter 2 - Pre-Trial/Trial Procedures	Publication / Adopted Date:	Sept. 1995
Topic:	Certification of Case For Jury Trial	Revised / Effective Date:	September 2020

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

2.7 – CERTIFICATION OF CASE FOR JURY TRIAL

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: September 2020

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.

Note: Any person charged with the violation of a municipal ordinance of a city of the third or fourth class shall be entitled to a trial by jury (Section 479.130, RSMo). However, the clerk should accept all pleadings/applications regarding change of judge regardless of the timeliness of filing, right to file, etc.

Motion for Jury Trial (Supreme Court Rule 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 motion 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.

Clerk’s Duties/Procedures

Defendant Requests Jury Trial

1. Date file stamp (SCR 43.02 (b)) the motion for jury trial. Make an entry on the case record indicating the date the motion was filed, and process the motion according to local court policy.

2. Note the date and type of final disposition (request for jury trial granted, case certified to presiding judge for assignment) on the case record.

3. Make a copy of the case file and file the copy with the disposed cases.

4. Forward the original case file to the circuit division of the county.

5. Forward a check made payable to the circuit court for bond monies held on the case by the municipal court. Forward the check with the case file.

6. Request the circuit clerk collect the fines and costs in the amount due in the municipal division upon a guilty plea or guilty verdict by the jury.

7. Request the circuit clerk advise the municipal division upon disposition if the case is required to be closed pursuant to Section 610.105, RSMo.

If Remanded Back to the Municipal Division from a Higher Court

1. Date file stamp the order of remand and/or copy of the motion requesting waiver received from the higher court.

2. Make an entry on the record that the case was remanded from the higher court.

3. Proceed with appropriate case processing as directed by the judge.

Forms
Form 37.H