First Adopted: June 13, 1979
Most Recently Effective: July 01, 2022
Rule 22 | Rules of Criminal Procedure | Procedure Applicable to Felonies Only
22.04 | Felonies – Summons or Warrant of Arrest – When Issued
(a) When a complaint is filed pursuant to Rule 22.02 and sufficient facts have been stated to show probable cause that a felony has been committed, a summons shall be issued unless the court finds there are reasonable grounds to believe:
(1) The defendant will not appear upon the summons; or
(2) The defendant poses a danger to a crime victim, the community, or any other person.
If the court so finds, a warrant of arrest for the defendant may be issued.
(b) When an indictment charging the commission of a felony is returned, either a summons or warrant of arrest may be issued.
(c) When a complaint or an indictment charges a corporation with the commission of a felony, a summons shall be issued.
(d) 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 state, the factors set forth in Rule 33.01(e) when setting the condition or combination of conditions of release, if any, required by Rule 33.01(b) and allowed by Rule 33.01(c).
(e) If a summons is issued the summons shall:
(1) Be in writing and in the name of the State of Missouri;
(2) State the name of the defendant summoned;
(3) Describe the felony charged;
(4) Be signed by the court or clerk at the court's direction for a specific summons;
(5) Command the defendant to appear before the court at a stated time and place in response thereto; and
(6) State whether the defendant may appear remotely by interactive video technology and provide video access information to the defendant.
Committee Note – 1979
The following portions are new:
1. "... and a finding by the court that sufficient facts have been stated therein to show probably cause that a felony has been committed ...."
2. "... unless the court orders the issuance of summons."
Compare: Prior Rule 21.08, prior Rule 21.10 and Fed.R.Crim.P. 4(a).
(Former Rule 22.03, Adopted June 13, 1979, effective January 1, 1980. Amended June 10, 1980, effective January 1, 1981; amended January 28, 2002, effective January 1, 2003; amended December 18, 2018, effective July 1, 2019; amended June 30, 2019, effective January 1, 2020; amended October 26, 2021, effective July 1, 2022.)