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Clerk Handbooks

Supreme Court Rules




Section/Rule:

No. 26

Subject:

Forms - Rules of Criminal Procedure - Criminal Procedures Forms

Publication / Adopted Date:


Topic:

Bond in Felony Case Given Before Preliminary Examination

Revised / Effective Date:


FORM NO. 26

BOND IN FELONY CASE GIVEN BEFORE PRELIMINARY EXAMINATION

(For signature by a personal surety or surety company)

STATE OF MISSOURI )
) ss.
COUNTY OF ___________ )

IN THE MAGISTRATE COURT WITHIN AND FOR SAID COUNTY

DIVISION NO. ____________

DISTRICT NO. _____________

STATE OF MISSOURI, Plaintiff, )
vs. ) No. __________
____________________, Defendant. )

KNOW ALL MEN BY THESE PRESENTS that we _________________________ as principal, and ____________________, as surety, whose address is ______________________________ do acknowledge ourselves to owe and to be held and firmly bound unto the state of Missouri in the full penal sum of $________ for the payment of which we bind ourselves, our heirs, executors, administrators and assigns to be levied of our goods and chattels, lands and tenements and unto the said State rendered upon this condition, to-wit: that Whereas the defendant herein, to-wit, the above bounden _____________________, stands charged by complaint in this court with the commission of a felony, to-wit _________________________________________________________.
_______________________________________________________________________________________
NOW, THEREFORE, if the said defendant shall be and appear in this court on the _______________day of _______________, 19___, for preliminary examination herein and from time to time thereafter as required by the court, and will submit himself to the orders and process of the Magistrate and that if he be bound over as a result of such preliminary examination or a waiver thereof to answer said charge, then he personally be and appear before the ________Court at a time to be stipulated by the Magistrate before whom such preliminary hearing is held or waived and thereafter from time to time as required by the order of the said ________________ Court for trial and all other proceedings upon such charge as may be filed against him by indictment or information in said court, including the sentence and rendition of final judgment in said cause and shall abide and submit himself to the orders, judgment, sentence and process of said court and shall be and appear in any other court to which said cause may be taken by change of venue from time to time as required by such court for all proceedings, including the trial and rendition of sentence and final judgment, not thence to depart without leave, then this bond shall be null, void, and of no effect, otherwise, in full force and effect in accordance with law.
All sureties herein submit themselves to the jurisdiction of this court and of the court in which such indictment may be found or information filed upon this charge, after preliminary hearing or waiver thereof, or to any court to which said cause may be taken on change of venue and irrevocably appoint the clerk of such court in which said cause from time to time shall be pending as an agent upon whom may be served for them any notice, motion, pleading or process having to do with any proceeding for the forfeiture of this bond.

IN WITNESS WHEREOF the said bounden parties have hereunto set their hands on this __________ day of ____________, 19___.

______________________________
______________________________
______________________________

Approved this __________ day of ____________, 19___.



___________________________
Clerk/Judge of Magistrate Court

This bond is recorded in Book _______ at Page ______.

Where bond is signed by a surety company, the agent of the company should attach his power of attorney.