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Supreme Court Rules
Section/Rule:
38.08
Subject:
Rule 38 - Certain Statutory Violations and Violations Bureaus
Publication / Adopted Date:
December 1, 1997
Topic:
Court May Set Aside Guilty Plea or Correct the Record
Revised / Effective Date:
May 1, 2019
38.08. Court May Set Aside Guilty Plea or Correct the Record
(
a
) Within 30 days after entry of the guilty plea, the court, on motion of the defendant, may set aside a guilty plea upon one of the following grounds:
(1) That the facts stated in the violation do not constitute an offense;
(2) That the court
is without jurisdiction of the violation charged; or
(3) To correct manifest injustice.
The court shall specify of record the grounds upon which the order is entered.
(
b
) Failure to file a motion within the time limit provided by this Rule 38.08 shall constitute a complete waiver of any right to proceed under this Rule 38.08 and a complete waiver of any claim that could be raised in a motion, except that the court may set aside the judgment of conviction at any time to correct manifest injustice.
(
c
) Clerical mistakes in the record and errors in the record arising from oversight or omission may be corrected by the court at any time on the motion of any party and after such notice, if any, as the court orders.
(
d
) Any person seeking relief pursuant to this Rule 38.08 shall file the motion with the clerk of the
court in which the violation is filed.
The clerk shall forthwith transmit the motion to the prosecuting attorney and the judge.
(
e
) When a guilty plea or a judgment of conviction is set aside pursuant to this Rule 38.08 and the order is filed with the clerk, the clerk shall:
(1) Notify the prosecuting attorney and the defendant of the order; and
(2) Notify the department of revenue of the order if the violation is a moving traffic violation.
(Adopted Dec. 1, 1997, eff. July 1, 1998; Amended Dec. 23, 2003, eff. July 1, 2004; Oct. 15, 2018, eff. May 1, 2019.)
