Supreme Court of Missouri
en banc
October 15, 2018
Effective May 1, 2019
Effective May 1, 2019
In re:
(1) Adoption of a new subdivision 37.495, entitled "The Uniform Fine Schedule," of Rule 37, entitled "Statutory and Ordinance Violations and Violation Bureaus."
(2) Repeal of subdivision 37.01, entitled "Rules – When Applicable;" subdivision 37.06, entitled "Definitions;" subdivision 37.33, entitled "Violation Notice – Contents;" and the heading title and subdivision 37.49, entitled "Violation Bureau – Violations Clerk – Schedule of Fines – Payment," of Rule 37, entitled "Statutory and Ordinance Violations and Violation Bureaus," and in lieu thereof adoption of a new subdivision 37.01, entitled "Rules – When Applicable;" a new subdivision 37.06, entitled "Definitions;" a new subdivision 37.33, entitled "Violation Notice – Contents;" and a new heading title and new subdivision 37.49, entitled "Local Violations Bureau – Violations Clerk – Schedule of Fines – Payment."
(3) Repeal of subdivision 38.01, entitled "Rules – When Applicable;" subdivision 38.02, entitled "Rules – Authority for – Statutes and Ordinances Superseded;" subdivision 38.05, entitled "Definitions;" subdivision 38.06, entitled "Violations – Rule 38 Not Applicable;" subdivision 38.07, entitled "Violation Notice – Contents;" subdivision 38.08, entitled "Court May Set Aside Guilty Plea or Correct the Record;" the heading title and subdivision 38.09, entitled "Uniform Fine Schedules;" and the heading title and subdivision 38.10, entitled "Fine Collection Center," of Rule 38, entitled "Certain Statutory Violations and Violation Bureaus," and in lieu thereof adoption of a new subdivision 38.01, entitled "Rules – When Applicable;" a new subdivision 38.02, entitled "Rules – Authority for – Statutes and Ordinances Superseded;" a new subdivision 38.05, entitled "Definitions;" a new subdivision 38.06, entitled "Violations – Rule 38 Not Applicable;" a new subdivision 38.07, entitled "Violation Notice – Contents;" a new subdivision 38.08, entitled "Court May Set Aside Guilty Plea or Correct the Record;" a new heading title and new subdivision 38.09, entitled "The Uniform Fine Schedule;" and a new heading title and new subdivision 38.10, entitled "Circuit Violations Bureau – Clerk – Payment."
(4) Repeal of subdivision 38.11, entitled "Filing a Violation With the Fine Collection Center;" subdivision 38.12, entitled "Pleas of not Guilty Filed with the Collection Center;" subdivision 38.13, entitled "Failure to Respond to the Fine Collection Center;" and subdivision 38.14, entitled "Local Violation Bureau – Clerk – Schedule of Fine – Payment," of Rule 38, entitled "Certain Statutory Violations and Violation Bureaus."
(5) Repeal of subdivision 21.12, entitled "Fine Collection Center," of Court Operating Rule 21, entitled "Court Costs, Fees, Miscellaneous Charges and Surcharges."
ORDER
1. It is ordered that effective May 1, 2019, subdivision 37.495 of Rule 37 be and the same is hereby adopted to read as follows:
37.495 THE UNIFORM FINE SCHEDULE
The committee shall promulgate and maintain the uniform fine schedule for animal control violations, housing violations, and traffic violations disposed through a Rule 37 violations bureau. The schedule shall be filed with the clerk of this Court.
The committee shall promulgate and maintain the uniform fine schedule for animal control violations, housing violations, and traffic violations disposed through a Rule 37 violations bureau. The schedule shall be filed with the clerk of this Court.
2. It is ordered that effective May 1, 2019, subdivision 37.01, subdivision 37.06, subdivision 37.33, and the heading title and subdivision 37.49 of Rule 37 be and the same are hereby repealed and a new subdivision 37.01, a new subdivision 37.06, a new subdivision 37.33, and a new heading title and new subdivision 37.49 adopted in lieu thereof to read as follows:
37.01 RULES – WHEN APPLICABLE
Rule 37 governs the procedure in all courts of this state having original jurisdiction of ordinance violations and the disposition of any such violation in a local violations bureau.
Rule 37 governs the procedure in all courts of this state having original jurisdiction of ordinance violations and the disposition of any such violation in a local violations bureau.
37.06 DEFINITIONS
Whenever in this Rule 37 the following terms are used, they mean the following:
(a) "Animal control violation," any violation of an ordinance relating to the care or control of any animal;
(b) "Clerk," any duly appointed court clerk or court administrator or any deputy or division court clerk serving courts to which this Rule 37 applies;
(c) "Committee," a committee consisting of judges appointed by this Court to establish the uniform fine schedule for Rule 37 violations bureaus;
(d) "Corrections official," a person in control of a detention facility;
(e) "County," includes the city of St. Louis;
(f)"Court," a division of the circuit court having jurisdiction to hear ordinance violations;
(g) "Detention facility," any jail, workhouse, lockup or other facility normally operated to hold sentenced offenders or that is used to confine adults awaiting trial;
(h) "Housing violation," any violation of an ordinance relating to the condition or maintenance of residential buildings and residential real property;
(i) "Law," includes constitutions, statutes, ordinances, judicial decisions and this Rule 37;
(j) "Local violations bureau," a violations bureau established by court order pursuant to Rule 37.49 of this Court;
(k) "Missouri charge code," as defined by section 43.500, RSMo;
(l) "Municipal division," any division of the circuit court presided over by a judge having original jurisdiction to hear and determine municipal ordinance violations;
(m) "Municipality," includes all charter, first, second, third and fourth class cities, towns and villages;
(n) "Ordinance," a law enacted by a municipality or county;
(o) "Peace Officer," includes police officers, members of the state highway patrol, sheriffs, marshals, constables, and their deputies;
(p) "Person," includes corporations;
(q) "Prosecutor," any attorney or counselor who represents any county, city, town, or village in the prosecution of a person for a violation of an ordinance;
(r) "Traffic violation," any violation of an ordinance relating to the control of traffic;
(s) "Violation," any ordinance violation within the jurisdiction of any court to which this Rule 37 applies.
37.33 VIOLATION NOTICE – CONTENTS
(a) A violation notice shall be in writing and shall:
(b) When a violation has been designated by the court to be within the authority of a local violations bureau pursuant to Rule 37.49, the accused shall also be provided the following information:
(c) The violation notice shall be substantially in the form of the Uniform Citation set out in Form 37.A, with such additions as may be necessary to adapt the Uniform Citation to the jurisdiction involved.
37.49 LOCAL VIOLATIONS BUREAU – VIOLATIONS CLERK – SCHEDULE OF FINES – PAYMENT
(a) Any judge having original jurisdiction of any animal control violation, housing violation, or traffic violation may establish by court order a local violations bureau, which shall be subject to the supervision of the circuit court.
(b) The order shall designate a clerk. The clerk shall perform the duties designated by the court, including accepting appearance, waiver of trial, plea of guilty, and payment of fines and costs for the designated violations, entering the plea on the record, and transmitting the violation record as required by law, subject to the limitations hereinafter prescribed.
(c) The violations within the authority of the bureau shall be designated by the order, but shall only include animal control violations, housing violations, or traffic violations. Such designated violations may be amended from time to time but shall in no event include the following:
(d) For those violations included within the authority of the bureau by virtue of an order pursuant to Rule 37.49(a) and (c), the order shall adopt the uniform fine schedule established by Rule 37.495. The schedule shall be prominently posted at the place where the fines are to be paid, and shall specify by schedule the amount of fines and costs to be imposed for each violation.
(e) Any person charged with a violation designated within the order may pay the specified amount of the fine and costs to the bureau: (1) through an electronic payment system authorized in the order; (2) in person; or (3) by mail. Full payment received before the court date and time for initial appearance constitutes a guilty plea and waiver of trial. Full payment received on or after the initial appearance date and time may, in the court's discretion, be accepted as a guilty plea and waiver of trial.
Whenever in this Rule 37 the following terms are used, they mean the following:
(a) "Animal control violation," any violation of an ordinance relating to the care or control of any animal;
(b) "Clerk," any duly appointed court clerk or court administrator or any deputy or division court clerk serving courts to which this Rule 37 applies;
(c) "Committee," a committee consisting of judges appointed by this Court to establish the uniform fine schedule for Rule 37 violations bureaus;
(d) "Corrections official," a person in control of a detention facility;
(e) "County," includes the city of St. Louis;
(f)"Court," a division of the circuit court having jurisdiction to hear ordinance violations;
(g) "Detention facility," any jail, workhouse, lockup or other facility normally operated to hold sentenced offenders or that is used to confine adults awaiting trial;
(h) "Housing violation," any violation of an ordinance relating to the condition or maintenance of residential buildings and residential real property;
(i) "Law," includes constitutions, statutes, ordinances, judicial decisions and this Rule 37;
(j) "Local violations bureau," a violations bureau established by court order pursuant to Rule 37.49 of this Court;
(k) "Missouri charge code," as defined by section 43.500, RSMo;
(l) "Municipal division," any division of the circuit court presided over by a judge having original jurisdiction to hear and determine municipal ordinance violations;
(m) "Municipality," includes all charter, first, second, third and fourth class cities, towns and villages;
(n) "Ordinance," a law enacted by a municipality or county;
(o) "Peace Officer," includes police officers, members of the state highway patrol, sheriffs, marshals, constables, and their deputies;
(p) "Person," includes corporations;
(q) "Prosecutor," any attorney or counselor who represents any county, city, town, or village in the prosecution of a person for a violation of an ordinance;
(r) "Traffic violation," any violation of an ordinance relating to the control of traffic;
(s) "Violation," any ordinance violation within the jurisdiction of any court to which this Rule 37 applies.
37.33 VIOLATION NOTICE – CONTENTS
(a) A violation notice shall be in writing and shall:
(1) State the name and address of the court;
(2) State the court date and time for initial appearance;
(3) State the name of the prosecuting county or municipality;
(4) State the name and date of birth of the accused or, if not known, designate the accused by any name or description by which the accused can be identified with reasonable certainty;
(5) State the date and place of the ordinance violation as definitely as can be done;
(6) State the facts that support a finding of probable cause to believe the ordinance violation was committed and that the accused committed it;
(7) State that the facts contained therein are true;
(8) Be signed and on a form bearing notice that false statements made therein are punishable by law;
(9) Cite the chapter and section of the ordinance alleged to have been violated and the chapter and section that fixes the penalty or punishment;
(10) State other legal penalties prescribed by law may be imposed for failure to appear and dispose of the violation; and
(11) State the Missouri charge code if one exists.
(2) State the court date and time for initial appearance;
(3) State the name of the prosecuting county or municipality;
(4) State the name and date of birth of the accused or, if not known, designate the accused by any name or description by which the accused can be identified with reasonable certainty;
(5) State the date and place of the ordinance violation as definitely as can be done;
(6) State the facts that support a finding of probable cause to believe the ordinance violation was committed and that the accused committed it;
(7) State that the facts contained therein are true;
(8) Be signed and on a form bearing notice that false statements made therein are punishable by law;
(9) Cite the chapter and section of the ordinance alleged to have been violated and the chapter and section that fixes the penalty or punishment;
(10) State other legal penalties prescribed by law may be imposed for failure to appear and dispose of the violation; and
(11) State the Missouri charge code if one exists.
(b) When a violation has been designated by the court to be within the authority of a local violations bureau pursuant to Rule 37.49, the accused shall also be provided the following information:
(1) The specified fine and costs for the violation; and
(2) That a person must respond to the violation notice by:
(2) That a person must respond to the violation notice by:
(A) Paying the specified fine and court costs; or
(B) Pleading not guilty and appearing at trial.
(B) Pleading not guilty and appearing at trial.
(c) The violation notice shall be substantially in the form of the Uniform Citation set out in Form 37.A, with such additions as may be necessary to adapt the Uniform Citation to the jurisdiction involved.
37.49 LOCAL VIOLATIONS BUREAU – VIOLATIONS CLERK – SCHEDULE OF FINES – PAYMENT
(a) Any judge having original jurisdiction of any animal control violation, housing violation, or traffic violation may establish by court order a local violations bureau, which shall be subject to the supervision of the circuit court.
(b) The order shall designate a clerk. The clerk shall perform the duties designated by the court, including accepting appearance, waiver of trial, plea of guilty, and payment of fines and costs for the designated violations, entering the plea on the record, and transmitting the violation record as required by law, subject to the limitations hereinafter prescribed.
(c) The violations within the authority of the bureau shall be designated by the order, but shall only include animal control violations, housing violations, or traffic violations. Such designated violations may be amended from time to time but shall in no event include the following:
(1) Any violation submitted by the prosecutor for disposition through a court appearance;
(2) Any violation for which a summons to appear is issued;
(3) Any violation resulting in personal injury or property damage;
(4) Operating a motor vehicle while intoxicated or under the influence of intoxicants or drugs;
(5) Operating a vehicle with a counterfeited, altered, suspended, or revoked license;
(6) Fleeing or attempting to elude an officer; and
(7) Any other violation excluded by law.
(2) Any violation for which a summons to appear is issued;
(3) Any violation resulting in personal injury or property damage;
(4) Operating a motor vehicle while intoxicated or under the influence of intoxicants or drugs;
(5) Operating a vehicle with a counterfeited, altered, suspended, or revoked license;
(6) Fleeing or attempting to elude an officer; and
(7) Any other violation excluded by law.
(d) For those violations included within the authority of the bureau by virtue of an order pursuant to Rule 37.49(a) and (c), the order shall adopt the uniform fine schedule established by Rule 37.495. The schedule shall be prominently posted at the place where the fines are to be paid, and shall specify by schedule the amount of fines and costs to be imposed for each violation.
(e) Any person charged with a violation designated within the order may pay the specified amount of the fine and costs to the bureau: (1) through an electronic payment system authorized in the order; (2) in person; or (3) by mail. Full payment received before the court date and time for initial appearance constitutes a guilty plea and waiver of trial. Full payment received on or after the initial appearance date and time may, in the court's discretion, be accepted as a guilty plea and waiver of trial.
3. It is ordered that effective May 1, 2019, subdivision 38.01, subdivision 38.02, subdivision 38.05, subdivision 38.06, subdivision 38.07, subdivision 38.08, the heading title and subdivision 38.09, and the heading title and subdivision 38.10 of Rule 38 be and the same are hereby repealed and a new subdivision 38.01, a new subdivision 38.02, a new subdivision 38.05, a new subdivision 38.06, a new subdivision 38.07, a new subdivision 38.08, a new heading title and new subdivision 38.09, and a new heading title and new subdivision 38.10 adopted in lieu thereof to read as follows:
38.01 RULES – WHEN APPLICABLE
Rule 38 governs the procedure in all courts of this state having original jurisdiction of violations of sections 577.070 and 577.073, RSMo, and chapters 252, 301, 302, 304, 306, 307 and 390, RSMo, which may be disposed through a circuit violations bureau established pursuant to Supreme Court Rules.
38.02 RULES – AUTHORITY FOR – STATUTES AND ORDINANCES SUPERSEDED
Rule 38 is promulgated pursuant to authority granted this Court by section 5 of article V of the Missouri Constitution and supersedes all statutes, ordinances and court rules inconsistent therewith.
38.05 DEFINITIONS
Whenever in this Rule 38 the following terms are used, they mean the following:
(a) "Circuit violations bureau," violations bureau established by court order pursuant to Rule 38.10(a) of this Court;
(b) "Clerk," any designated court clerk or court administrator or any deputy or division court clerk serving courts to which this Rule 38 applies;
(c) "Committee," a committee consisting of judges appointed by this Court to establish the uniform fine schedule for Rule 38 circuit violations bureaus;
(d) "County," includes the city of St. Louis;
(e) "Court," a division of the circuit court having jurisdiction to hear violations to which this Rule 38 applies;
(f) "Missouri charge code," as defined by section 43.500, RSMo;
(g) "Person," includes corporation;
(h) "Prosecuting attorney," any prosecuting or circuit attorney having the duty to prosecute violations to which this Rule 38 applies;
(i) "Public safety violation," any violation of section 577.070 or section 577.073, RSMo;
(j) "Traffic violation," any violation of chapters 301, 302, 304, 307, or 390, RSMo;
(k) "Uniform fine schedule," the fine schedule approved pursuant to Rule 38.09;
(l) "Violation(s)," traffic violations, public safety violations, watercraft violations, and wildlife violations;
(m) "Watercraft violation," any violation of chapter 306, RSMo;
(n) "Wildlife violation," any violation of chapter 252, RSMo.
38.06 VIOLATIONS – RULE 38 NOT APPLICABLE
This Rule 38 shall not apply to the following violations:
(a) Any violation submitted by the prosecutor for disposition through a court appearance;
(b) Any violation for which a summons to appear is issued;
(c) Any violation resulting in personal injury or property damage to another person;
(d) Operating a motor vehicle or watercraft while intoxicated or under the influence of intoxicants or drugs;
(e) Operating a vehicle with a counterfeited, altered, suspended, or revoked license;
(f) Fleeing or attempting to elude an officer; and
(g) Any other violation excluded by law.
38.07 VIOLATION NOTICE – CONTENTS
(a) A violation notice shall be in writing and shall:
(b) When a violation has been designated pursuant to Rule 38 to be within the authority of a circuit violations bureau, the accused shall be provided with written notification of the specified fine and costs for the violation or with information regarding how the accused may obtain the amount of the fine and court costs for the violation.
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:
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:
38.09 THE UNIFORM FINE SCHEDULE
The committee shall promulgate and maintain the uniform fine schedule for violations disposed through a Rule 38 circuit violations bureau. The schedule shall be filed with the clerk of this Court.
38.10 CIRCUIT VIOLATIONS BUREAU – CLERK – PAYMENT
(a) Each judicial circuit shall establish by court order a circuit violations bureau in each county within the circuit.
(b) The order shall designate a clerk. The clerk shall perform the duties designated by the court including accepting appearance, waiver of trial, plea of guilty, and payment of fines and costs for the designated violations, entering the plea on the record, and transmitting the violation record as required by law.
(c) The order shall adopt the uniform fine schedule established by Rule 38.09. The schedule shall be prominently posted at the place where the fines are to be paid.
(d) Any person charged with a violation designated with the Rule 38.09 fine schedule may pay the specified amount of the fine and costs to the bureau: (1) through the court's electronic payment system; (2) in person; or (3) by mail. Full payment received before the court date and time for initial appearance constitutes a guilty plea and waiver of trial. Full payment received on or after the initial appearance date and time may, in the court's discretion, be accepted as a guilty plea and waiver of trial.
Rule 38 governs the procedure in all courts of this state having original jurisdiction of violations of sections 577.070 and 577.073, RSMo, and chapters 252, 301, 302, 304, 306, 307 and 390, RSMo, which may be disposed through a circuit violations bureau established pursuant to Supreme Court Rules.
38.02 RULES – AUTHORITY FOR – STATUTES AND ORDINANCES SUPERSEDED
Rule 38 is promulgated pursuant to authority granted this Court by section 5 of article V of the Missouri Constitution and supersedes all statutes, ordinances and court rules inconsistent therewith.
38.05 DEFINITIONS
Whenever in this Rule 38 the following terms are used, they mean the following:
(a) "Circuit violations bureau," violations bureau established by court order pursuant to Rule 38.10(a) of this Court;
(b) "Clerk," any designated court clerk or court administrator or any deputy or division court clerk serving courts to which this Rule 38 applies;
(c) "Committee," a committee consisting of judges appointed by this Court to establish the uniform fine schedule for Rule 38 circuit violations bureaus;
(d) "County," includes the city of St. Louis;
(e) "Court," a division of the circuit court having jurisdiction to hear violations to which this Rule 38 applies;
(f) "Missouri charge code," as defined by section 43.500, RSMo;
(g) "Person," includes corporation;
(h) "Prosecuting attorney," any prosecuting or circuit attorney having the duty to prosecute violations to which this Rule 38 applies;
(i) "Public safety violation," any violation of section 577.070 or section 577.073, RSMo;
(j) "Traffic violation," any violation of chapters 301, 302, 304, 307, or 390, RSMo;
(k) "Uniform fine schedule," the fine schedule approved pursuant to Rule 38.09;
(l) "Violation(s)," traffic violations, public safety violations, watercraft violations, and wildlife violations;
(m) "Watercraft violation," any violation of chapter 306, RSMo;
(n) "Wildlife violation," any violation of chapter 252, RSMo.
38.06 VIOLATIONS – RULE 38 NOT APPLICABLE
This Rule 38 shall not apply to the following violations:
(a) Any violation submitted by the prosecutor for disposition through a court appearance;
(b) Any violation for which a summons to appear is issued;
(c) Any violation resulting in personal injury or property damage to another person;
(d) Operating a motor vehicle or watercraft while intoxicated or under the influence of intoxicants or drugs;
(e) Operating a vehicle with a counterfeited, altered, suspended, or revoked license;
(f) Fleeing or attempting to elude an officer; and
(g) Any other violation excluded by law.
38.07 VIOLATION NOTICE – CONTENTS
(a) A violation notice shall be in writing and shall:
(1) State the name of the prosecuting county;
(2) State the name and address of the court;
(3) State the court date and time for initial appearance;
(4) State the name and date of birth of the accused, if known, or, if the accused's name is not known, designate the accused by any name or description by which the accused can be identified with reasonable certainty;
(5) State the date and place of the violation as definitely as can be done;
(6) State the facts that support a finding of probable cause to believe the violation was committed and that the accused committed it;
(7) State that the facts contained therein are true;
(8) Be signed by the issuing officer and on a form bearing notice that false statements made therein are punishable by law;
(9) Cite the chapter and section alleged to have been violated and the chapter and section that fixes the penalty or punishment;
(10) State a person must appear in court at the time specified on the citation or otherwise respond to the citation as directed by paying the specified fine and court costs;
(11) State other legal penalties prescribed by law may be imposed for failure to appear and dispose of the violation;
(12) Be substantially in the form of the Uniform Citation set out in Form 37.A, with such additions as may be necessary to adapt the Uniform Citation to the jurisdiction involved; and
(13) State the Missouri charge code if one exists.
(2) State the name and address of the court;
(3) State the court date and time for initial appearance;
(4) State the name and date of birth of the accused, if known, or, if the accused's name is not known, designate the accused by any name or description by which the accused can be identified with reasonable certainty;
(5) State the date and place of the violation as definitely as can be done;
(6) State the facts that support a finding of probable cause to believe the violation was committed and that the accused committed it;
(7) State that the facts contained therein are true;
(8) Be signed by the issuing officer and on a form bearing notice that false statements made therein are punishable by law;
(9) Cite the chapter and section alleged to have been violated and the chapter and section that fixes the penalty or punishment;
(10) State a person must appear in court at the time specified on the citation or otherwise respond to the citation as directed by paying the specified fine and court costs;
(11) State other legal penalties prescribed by law may be imposed for failure to appear and dispose of the violation;
(12) Be substantially in the form of the Uniform Citation set out in Form 37.A, with such additions as may be necessary to adapt the Uniform Citation to the jurisdiction involved; and
(13) State the Missouri charge code if one exists.
(b) When a violation has been designated pursuant to Rule 38 to be within the authority of a circuit violations bureau, the accused shall be provided with written notification of the specified fine and costs for the violation or with information regarding how the accused may obtain the amount of the fine and court costs for the violation.
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.
(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.
(2) Notify the department of revenue of the order if the violation is a moving traffic violation.
38.09 THE UNIFORM FINE SCHEDULE
The committee shall promulgate and maintain the uniform fine schedule for violations disposed through a Rule 38 circuit violations bureau. The schedule shall be filed with the clerk of this Court.
38.10 CIRCUIT VIOLATIONS BUREAU – CLERK – PAYMENT
(a) Each judicial circuit shall establish by court order a circuit violations bureau in each county within the circuit.
(b) The order shall designate a clerk. The clerk shall perform the duties designated by the court including accepting appearance, waiver of trial, plea of guilty, and payment of fines and costs for the designated violations, entering the plea on the record, and transmitting the violation record as required by law.
(c) The order shall adopt the uniform fine schedule established by Rule 38.09. The schedule shall be prominently posted at the place where the fines are to be paid.
(d) Any person charged with a violation designated with the Rule 38.09 fine schedule may pay the specified amount of the fine and costs to the bureau: (1) through the court's electronic payment system; (2) in person; or (3) by mail. Full payment received before the court date and time for initial appearance constitutes a guilty plea and waiver of trial. Full payment received on or after the initial appearance date and time may, in the court's discretion, be accepted as a guilty plea and waiver of trial.
4. It is ordered that effective May 1, 2019, subdivisions 38.11, 38.12, 38.13, and 38.14 of Rule 38 be and the same are hereby repealed.
5. It is ordered that effective May 1, 2019, subdivision 21.12 of Court Operating Rule 21 be and the same is hereby repealed.
6. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
7. It is ordered that this order be published in the South Western Reporter.
8. The state courts administrator shall furnish a copy of this order to each circuit court presiding judge, each municipal division court judge, each municipal division court clerk, and such other persons as she may direct.
Day – to – Day
_______________________________
ZEL M. FISCHER
Chief Justice
_______________________________
ZEL M. FISCHER
Chief Justice