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Municipal Clerk Manual – Courts without 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:
March 2020
Municipal Clerk Handbook
Courts without 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: March 2020

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 defendant 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. If a warrant is issued under this Rule, the court shall take into account, on the basis of available information, which may include a written recommendation from the prosecutor, the factors set forth in Rule 37.15(e) when setting the condition or combination of conditions of release, if any, required by Rule 37.15(b) and allowed by Rule 37.15(c).

Safe at Home (589.660, 589.663, 589.666, 589.669, 589.672, 589.675, 589.678 and 578.681, 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 county or municipality;

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

3. Describe the ordinance violation charged;

4. Be signed by a the court or clerk at the court's direction for a specific summons; and

5. Command the defendant 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 why 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 for Arrest (Supreme Court Rule 37.45)

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

Content of Warrant

a. The warrant for arrest must be in writing and issued in the name of the prosecuting county or municipality. It may be directed to any peace officer in the state.

b. The warrant shall:

Warrant for Arrest - Service (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

Issuing the Summons

1. Issue the summons.

2. Enter relevant details on the backer sheet including the type of summons issued and the date it was mailed or forwarded to the appropriate law enforcement official for personal service.

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. Enter relevant details on the back sheet including details of the date the return of service was received.

3. File the original summons in the case file.

4. File the case file with other pending cases.

Issue the Warrant

1. Prepare a warrant for service on the defendant.

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

3. Make a copy of the warrant.

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

5. Enter relevant details on the backer sheet including details of the date the warrant was forwarded to the sheriff or law enforcement official for personal service on each defendant.

6. 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.

Enter relevant details on the backer sheet including details of the date the return of service was received.

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. Assign a case ID number on each of the warrant forms you estimate law enforcement may need for the time period court staff will not be available, utilizing a uniform numbering system. (See 2.1 Case Initiation of this manual for instructions on standard case ID numbering.)

2. Use a case description of AFTER HOURS WARRANT and enter on each of the warrants you are preparing.

3. Enter the agency ORI of the arresting agency that conducts most arrests for your court on each warrant. 4. Keep a copy of each of the documents. The Next Business Day Procedures for After-Hours Warrants

1. Initiate a case for each after hours warrant utilized by law enforcement, using standard case initiation procedures. (See 2.1 Case Initiation of this manual for instructions on initiating cases.)

2. Change the case description to adhere to standards.

3. Change the filing date on the after-hours warrant to the date the case was actually filed.

4. Print a backer sheet and enter relevant details including details of the date the return of service was received.

5. File copies of the warrant 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