Rule 21 | Procedure Applicable to Misdemeanors Only

First Adopted: June 13, 1979

Most Recently Effective: January 01, 2003

Rule 21 | Rules of Criminal Procedure | Procedure Applicable to Misdemeanors Only

21.01 | Misdemeanors – Indictment or Information

All misdemeanors shall be prosecuted by indictment or information.

Committee Note – 1979

This is substantially the same as the first sentence of prior Rule 21.01 and the first sentence of prior Rule 21.02 except that it is limited to misdemeanors.

(Adopted June 13, 1979, effective January 1, 1980. Amended January 28, 2002, effective January 1, 2003.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 2003

Rule 21 | Rules of Criminal Procedure | Procedure Applicable to Misdemeanors Only

21.02 | Misdemeanors – Information – Prosecuting Attorney

The prosecuting attorney may file an information charging the commission of a misdemeanor based upon the prosecutor's information and belief that the offense was committed. The information shall be supported by a statement of probable cause as prescribed by Rule 21.04.

Committee Note – 1979

This is substantially the same as prior Rule 21.03.

(Adopted June 13, 1979, effective January 1, 1980. Amended January 28, 2002, effective January 1, 2003.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 2020

Rule 21 | Rules of Criminal Procedure | Procedure Applicable to Misdemeanors Only

21.03 | Misdemeanors – Summons or Warrant of Arrest – When Issued

(a) When an information is filed pursuant to Rule 21.02, a summons shall be issued unless the court finds that sufficient facts have been stated to show probable cause that a misdemeanor has been committed and 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 misdemeanor is returned, either a summons or warrant of arrest may be issued.

(c) When an information or indictment charges a corporation with the commission of a misdemeanor, 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).

Committee Note – 1979

The source is prior Rule 21.05. There is a change in that a summons would be used to secure the presence of the defendant in most cases and a warrant of arrest would be used for that purpose only if there are reasonable grounds for the court to believe that a summons will not cause the defendant to appear.

(Adopted June 13, 1979, effective January 1, 1980. Amended June 16, 1998, effective July 1, 1999; amended February 19, 1999, effective January 1, 2000; amended January 28, 2002, effective January 1, 2003; amended December 18, 2018, effective July 1, 2019; amended June 30, 2019, effective January 1, 2020.)

First Adopted: June 13, 1979

Most Recently Effective: July 01, 2019

Rule 21 | Rules of Criminal Procedure | Procedure Applicable to Misdemeanors Only

21.04 | Misdemeanors – Statement of Probable Cause – Contents

A statement of probable cause must be in writing and shall:

(a) State the name of the defendant or, if not known, designate the defendant by any name or description by which the defendant can be identified with reasonable certainty;

(b) State the date and place of the offense as definitely as can be done;

(c) State the facts that support a finding of probable cause to believe an offense was committed and that the defendant committed it;

(d) If a warrant will be requested, state the facts, if any, that support a finding of reasonable grounds to believe the defendant will not appear upon a summons or the defendant poses a danger to a crime victim, the community, or any other person;

(e) State that the facts contained therein are true; and

(f) Be signed and on a form bearing notice that false statements made therein are punishable by law.

Committee Note – 1979

This is new. Compare: Prior Rule 21.04, prior Rule 21.08 Fed.R.Crim.P. 3.

(Adopted June 13, 1979, effective January 1, 1980. Amended January 28, 2002, effective January 1, 2003; amended December 18, 2018, effective July 1, 2019.)

First Adopted: June 13, 1979

Most Recently Effective: July 01, 2022

Rule 21 | Rules of Criminal Procedure | Procedure Applicable to Misdemeanors Only

21.05 | Misdemeanors – Summons – Contents

The summons shall:

(a) Be in writing and in the name of the State of Missouri;

(b) State the name of the defendant summoned;

(d) Be signed by the court or clerk at the court's direction for a specific summons;

(e) Command the defendant to appear before the court at a stated time and place in response thereto; and

(f) State whether the defendant may appear remotely by interactive video technology and provide video access information to the defendant.

Committee Note – 1979

This is substantially the same as Fed.R.Crim.P. 4(c)(2).

(Adopted June 13, 1979, effective January 1, 1980. Renumbered from 21.06 and amended January 28, 2002, effective January 1, 2003; amended June 27, 2003, effective January 1, 2004; amended December 18, 2018, effective July 1, 2019; amended October 26, 2021, effective Jul. 1 ,2022.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 2020

Rule 21 | Rules of Criminal Procedure | Procedure Applicable to Misdemeanors Only

21.06 | Misdemeanors – Warrant for Arrest – Contents

(a) The warrant for arrest must be in writing and issued in the name of the State of Missouri. It may be directed to any peace officer in the state.

(b) The warrant shall:

(1) Contain the name of the defendant to be arrested or, if not known, any name or description by which the defendant can be identified with reasonable certainty;

(2) Describe the offense charged in the information or indictment;

(3) State the date when issued and the county where issued;

(4) Command that the defendant named or described therein be arrested and brought forthwith, in person, or by interactive video technology, before the court designated in the warrant;

(5) Specify the condition or combination of conditions of release, if any, required by Rule 33.01(b) and allowed by Rule 33.01(c), or the determination made under Rule 33.01(d); and

(6) Be signed by the court, or clerk at the court's direction for a specific warrant.

(Former Rule 21.07. Adopted June 13, 1979, effective January 1, 1980. Amended January 28, 2002, effective January 1, 2003; amended December 18, 2018, effective July 1, 2019; amended June 30, 2019, effective January 1, 2020.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 2003

Rule 21 | Rules of Criminal Procedure | Procedure Applicable to Misdemeanors Only

21.07 | Misdemeanors – Corporations – Summons

When an information or indictment charges a corporation with the commission of a misdemeanor, a summons shall be issued.

Committee Note – 1979

The source is prior Rule 21.10.

(Former Rule 21.09. Adopted June 13, 1979, effective January 1, 1980. Amended January 28, 2002, effective January 1, 2003.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 2003

Rule 21 | Rules of Criminal Procedure | Procedure Applicable to Misdemeanors Only

21.08 | Misdemeanors – Summons and Warrant of Arrest – Service and Return

A summons may be served by:

(a) The clerk mailing it to defendant's last known address by first class mail; or

(b) An officer in the manner provided in Rule 54.13 or Rule 54.14.

If the defendant fails to appear in response to a summons and upon a finding of probable cause that the defendant has committed a misdemeanor, the court may issue an arrest warrant.

A warrant may be executed anywhere in the state by any peace officer. The peace officer need not possess the warrant at the time of the arrest, but upon request the officer shall show the warrant to the defendant as soon as possible.

If the peace officer does not possess the warrant at the time of the arrest, the officer shall inform the defendant of the misdemeanor charged and the fact that a warrant has been issued.

Committee Note – 1979

The first two sentences are substantially the same as the last two sentences of prior Rule 21.05. The remainder of the rule is substantially the same as prior Rule 21.09. Compare: Fed.R.Crim.P. 4(d)(3).

(Adopted June 13, 1979, effective January 1, 1980. Amended March 17, 1982, effective January 1, 1983; amended January 28, 2002, effective January 1, 2003.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 2020

Rule 21 | Rules of Criminal Procedure | Procedure Applicable to Misdemeanors Only

21.09 | Misdemeanors – Initial Appearance Under Warrant Before the Court

A defendant arrested and confined under the initial warrant for any misdemeanor offense issued pursuant to Rule 21.03 or Rule 21.08 shall be brought forthwith for an appearance, as set forth in Rule 21.10, in person or by interactive video technology, before a judge of the court from which the warrant was issued. This initial appearance shall be held no later than 48 hours, excluding weekends and holidays, after the defendant is confined under the warrant in the county that issued the warrant or in a county with which the county issuing the warrant has a contractual agreement to hold the defendant.

The warrant, with proper return thereon, shall be filed with the court forthwith.

Committee Note – 1979

The source is prior Rule 21.06. Compare: Fed.R.Crim.P. 4(c)(1).

(Adopted June 13, 1979, effective January 1, 1980. Amended January 28, 2002, effective January 1, 2003; amended December 18, 2018, effective July 1, 2019; amended June 30, 2019, effective January 1, 2020.)

First Adopted: June 13, 1979

Most Recently Effective: July 01, 2019

Rule 21 | Rules of Criminal Procedure | Procedure Applicable to Misdemeanors Only

21.10 | Misdemeanors – Initial Appearance Before the Court

Upon the defendant's initial appearance:

(a) The court shall inform the defendant of the misdemeanor charged, the right to retain counsel, the right to request the appointment of counsel if the defendant is unable to retain counsel, and the right to remain silent. The court shall also inform the defendant that any statement made by the defendant may be used against the defendant.

(b) If the defendant is appearing after release from custody on a warrant, the court shall inform the defendant of the conditions of release and that a warrant may be issued immediately upon any violation of a condition of release. The court shall also advise the defendant of the right to apply for a modification of any conditions of release at a hearing pursuant to Rule 33.06.

(c) If the defendant is in custody after arrest on a warrant, the court shall inform the defendant of the conditions of release, if any, and determine whether the defendant can meet the conditions. If a defendant is unable to meet the conditions, then, subject to the right of a victim to be informed of and heard at a bail hearing, the court may modify the conditions of release, if the court determines the circumstances of the defendant and the case require modification of the conditions. The court shall inform the defendant that a warrant for arrest may be issued immediately upon any violation of a condition of release. If the defendant is not released from custody following the initial appearance, the court shall advise the defendant of the right to a release hearing pursuant to Rule 33.05.

(d) If the defendant has appeared on a summons and the offense is required to be given an offense cycle number, the court shall ensure the defendant has been fingerprinted and processed by the appropriate law enforcement agency for the purposes of creating an offense cycle number.

Committee Note – 1979

Paragraph (a) is substantially the same as prior Rule 21.11 except that it applies only to misdemeanors. The source of paragraph (b) is Fed.R.Crim.P. 5(c). See Rule 31.02 for a more detailed statement of when counsel will be appointed for a defendant.

(Adopted June 13, 1979, effective January 1, 1980. Amended January 28, 2002, effective January 1, 2003; amended December 18, 2018, effective July 1, 2019.)

First Adopted: June 13, 1979

Most Recently Effective: July 01, 1997

Rule 21 | Rules of Criminal Procedure | Procedure Applicable to Misdemeanors Only

21.11 | [REPEALED]

[Repealed by order dated September 17, 1996, effective July 1, 1997.]