Rule 22 | Procedure Applicable to Felonies Only

First Adopted: June 13, 1979

Most Recently Effective: January 01, 2003

Rule 22 | Rules of Criminal Procedure | Procedure Applicable to Felonies Only

22.01 | Felonies – Proceedings – How Initiated

Felony proceedings may be initiated by complaint or by indictment.

Committee Note – 1979

This is new.


(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 22 | Rules of Criminal Procedure | Procedure Applicable to Felonies Only

22.02 | Felonies – Complaint

A complaint must be in writing and shall:

(a) State the name of the court;

(b) 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;

(c) State the facts constituting the felony;

(d) State the date and place of the felony as definitely as can be done;

(e) Be supported by a statement of probable cause as prescribed by Rule 22.03; and

(f) Be signed by the prosecuting attorney on information and belief that the offense was committed.

Committee Note – 1979

This is new. Compare: Prior Rule 21.08 and Fed.R.Crim.P. 3.


(Adopted June 13, 1979, effective January 1, 1980. Amended June 16, 1998, effective July 1, 1999; amended January 28, 2002, effective January 1, 2003.)

First Adopted: June 13, 1979

Most Recently Effective: July 01, 2019

Rule 22 | Rules of Criminal Procedure | Procedure Applicable to Felonies Only

22.03 | Felonies – 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 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.


(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.)

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.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 2020

Rule 22 | Rules of Criminal Procedure | Procedure Applicable to Felonies Only

22.05 | Felonies – 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 felony charged in the complaint 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.

Committee Note – 1979

The source is prior Rule 21.08. 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: January 01, 2003

Rule 22 | Rules of Criminal Procedure | Procedure Applicable to Felonies Only

22.06 | Felonies – Summons and Warrants 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 the summons and upon finding of probable cause that the defendant has committed a felony, 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 felony charged and the fact that a warrant has been issued.

Committee note – 1979

The first sentence is substantially the same as the next to the last sentence of prior Rule 21.05 and the last sentence of prior Rule 21.10. Compare: Prior Rule 21.09, prior Rule 21.10 and Fed.R.Crim.P 4(d)(1), (2) and (3).


(Former Rule 22.05. Adopted June 13, 1979, effective January 1, 1980. Amended March 17, 1982, effective January 1, 1983; Jan. 28, 2002, amended January 28, 2002, effective January 1, 2003.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 2020

Rule 22 | Rules of Criminal Procedure | Procedure Applicable to Felonies Only

22.07 | Felonies – Initial Appearance Under Warrant Before the Court

A defendant arrested and confined under the initial warrant for any felony offense issued pursuant to Rule 22.04 or Rule 22.06 shall be brought forthwith for an appearance, as set forth in Rule 22.08, 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

Paragraph (a) is substantially the same as prior Rule 21.11. Compare: Fed.R.Crim.P. 5(a).

The sources of paragraph (b) are prior Rule 23.03 and Fed.R.Crim.P. 5(c).  See Rule 31.02 for a more detailed statement of when counsel will be appointed for a defendant.

The sources of paragraph (c) are prior Rule 23.08 and prior Rule 23.11. The period in which the papers are to be transmitted to the judge who will try the case has been changed from ten days to five days. Compare: Fed.R.Crim.P. 5(c) and 5.1.

Paragraph (d) is new.

Paragraph (e) is substantially the same as the last sentence of prior Rule 23.02.


(Adopted June 13, 1979, effective January 1, 1980. Amended November 21, 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 22 | Rules of Criminal Procedure | Procedure Applicable to Felonies Only

22.08 | Felonies – Initial Appearance Before the Court

Upon the defendant's initial appearance:

(a) The court shall inform the defendant of the felony 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. Compare: Fed.R.Crim.P. 5(a).

The source of paragraph (b) are prior Rule 23.03 and Fed.R.Crim. 5(c).  See Rule 31.02 for a more detailed statement of when counsel will be appointed for a defendant.

The sources of paragraph (c) are prior Rule 23.08 and prior Rule 23.11. The period in which the papers are to be transmitted to the judge who will try the case has been changed from ten days to five days. Compare: Fed.R.Crim.P. 5(c) and 5.1.

Paragraph (d) is new.

Paragraph (e) is substantially the same as the last sentence of prior Rule 23.02.


(Former Rule 22.07. Adopted June 13, 1979, ffective January 1, 1980. Amended November 21, 1979, effective January 1, 1980; amended November 28, 2002, ffective January 1, 2003; amended December 18, 2018, effective July 1, 2019.)

First Adopted: January 28, 2002

Most Recently Effective: July 01, 2022

Rule 22 | Rules of Criminal Procedure | Procedure Applicable to Felonies Only

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 defendant's 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 defendant's 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.

(b) Conduct of Hearing and Finding by the Court. If the defendant does not waive preliminary hearing, the hearing shall be held. The defendant must appear in person unless the defendant waives his or her right to be physically present and the court agrees to conduct the hearing by interactive video technology. The defendant may cross-examine witnesses and may introduce evidence.

If the court finds probable cause to believe a felony has been committed and the defendant has committed it, the court shall order the defendant to appear and answer to the charge; otherwise, the court shall discharge the defendant.

(c) Defendant to Appear in Court to Answer the Charge. If the defendant is held to answer to the charge, the court shall order the defendant to appear in the appropriate division on a day certain as soon as practicable, but not more than 40 days after completion of the preliminary hearing.

Within five days after concluding the proceedings, the court shall cause all papers in the proceeding and any bail posted by the defendant to be transmitted to that division.


(Adopted January 28, 2002, effective January 1, 2003. Amended December 18, 2018, effective July 1, 2019; amended September 1, 2020, effective March 1, 2021; amended October 26, 2021, effective July 1, 2022.)

First Adopted: January 28, 2002

Most Recently Effective: January 01, 2003

Rule 22 | Rules of Criminal Procedure | Procedure Applicable to Felonies Only

22.10 | Felonies – Homicide – Record of Preliminary Hearing

In all cases of homicide, a verbatim record of the testimony at the preliminary hearing shall be made. It shall be transcribed upon the written request of the state or defendant.


(Adopted January 28, 2002, effective January 1, 2003.)