Supreme Court of Missouri
en banc
September 1, 2020
Effective March 1, 2021
In re:
Repeal of subdivision (a) of subdivision 22.09, entitled "Felonies – Preliminary Hearing," of Rule 22, entitled "Procedure Applicable to Felonies Only," and in lieu thereof adoption of a new subdivision (a) of subdivision 22.09, entitled "Felonies – Preliminary Hearing."
ORDER
1. It is ordered that effective March 1, 2021, subdivision (a) of subdivision 22.09 of Rule 22 be and the same is hereby repealed and a new subdivision (a) of subdivision 22.09 is adopted in lieu thereof to read as follows:
22.09 FELONIES – PRELIMINARY HEARING
(a) Preliminary Hearing. After the filing of a felony complaint, a preliminary hearing shall be held within a reasonable time, but no later than 30 days following the defendantꞌs initial appearance if the defendant is in custody and no later than 60 days if the defendant is not in custody.
For good cause, the court may extend the time limits one or more times. Upon each showing of good cause, the court may extend the time for holding a preliminary examination for up to 30 days each time if the defendant is in custody, and up to 60 days each time if the defendant is not in custody. When the court considers whether to extend the time for holding a preliminary hearing under this Rule, the defendant may request and the court may review the defendantꞌs detention or conditions of release pursuant to Rule 33.05.
At the preliminary hearing the defendant shall not be called upon to plead. If the defendant waives preliminary hearing, the court shall order the defendant to appear to answer to the charge.
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2. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
3. It is ordered that this order be published in the South Western Reporter.
Day – to – Day
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GEORGE W. DRAPER III
Chief Justice