Rule 24 | Misdemeanors or Felonies – Arraignment and Proceedings Before Trial

First Adopted: June 13, 1979

Most Recently Effective: July 01, 2022

Rule 24 | Rules of Criminal Procedure | Misdemeanors or Felonies – Arraignment and Proceedings Before Trial

24.01 | Misdemeanors or Felonies – Arraignment

Arraignment shall be conducted in open court. The judge may conduct the arraignment with the defendant appearing by interactive video technology if the defendant is entering a plea of not guilty. The arraignment shall consist of reading the indictment or information to the defendant or stating to him or her the substance of the charge and calling on the defendant to plead thereto. The defendant shall be given a copy of the indictment or information before being called upon to plead.

Committee Note – 1979

This is the same as Fed.R.Crim.P. 10. Compare: Prior Rule 25.04.


(Adopted June 13, 1979, effective January 1, 1980. Amended October 26, 2021, effective Jul. 1, 2022.)

First Adopted: June 13, 1979

Most Recently Effective: July 01, 2022

Rule 24 | Rules of Criminal Procedure | Misdemeanors or Felonies – Arraignment and Proceedings Before Trial

24.02 | Misdemeanors or Felonies – Pleas

(a) Alternatives. A defendant may plead not guilty, guilty, or not guilty by reason of mental disease or defect excluding responsibility, or both not guilty and not guilty by reason of mental disease or defect excluding responsibility. If a defendant refuses to plead or if a corporation fails to appear, the court shall enter a plea of not guilty.

(b) Advice to Defendant. Except as provided by Rule 31.03, before accepting a plea of guilty, the court must address the defendant personally in open court, and inform defendant of, and determine that defendant understands, the following:

(1) The nature of the charge to which the plea is offered, the mandatory minimum penalty provided by law, if any, and the maximum possible penalty provided by law; and

(2) If the defendant is not represented by an attorney, that defendant has the right to be represented by an attorney at every stage of the proceedings against defendant and, if necessary, one will be appointed to represent defendant; and

(3) That defendant has the right to plead not guilty or to persist in that plea if it has already been made, and that defendant has the right to be tried by a jury and at that trial has the right to the assistance of counsel, the right to confront and cross-examine witnesses against defendant, and the right not to be compelled to incriminate himself or herself; and

(4) That if defendant pleads guilty there will not be a further trial of any kind, so that by pleading guilty defendant waives the right to a trial.

(c) Ensuring That the Plea Is Voluntary. Except as provided by Rule 31.03, the court shall not accept a plea of guilty without first, by addressing the defendant personally in open court, determining that the plea is voluntary and not the result of force or threats or of promises apart from a plea agreement. The court shall also inquire as to whether the defendant's willingness to plead guilty results from prior discussions between the prosecuting attorney and the defendant or defendant's attorney.

(d) Plea Agreement Procedure. The court shall not participate in any such discussions, but after a plea agreement has been reached, the court may discuss the agreement with the attorneys including any alternative that would be acceptable.

(1) In General. The prosecuting attorney and the attorney for the defendant or the defendant when acting pro se may engage in discussions with a view toward reaching an agreement that, upon the entering of a plea of guilty to a charged offense or to a lesser or related offense, the prosecuting attorney will do any of the following:

(A) Dismiss other charges; or

(B) Make a recommendation, or agree not to oppose the defendant's request, for a particular disposition, with the understanding that such recommendation or request shall not be binding on the court; or

(C) Agree that a specific sentence is the appropriate disposition of the case; or

(D) Make a recommendation for, or agree on, another appropriate disposition of the case.

(2) Disclosure of Plea Agreement – Court's Action Thereon. If a plea agreement has been reached by the parties, the court shall require the disclosure of the agreement on the record in open court or, on a showing of good cause, in camera, at the time the plea is offered. If the agreement is pursuant to Rule 24.02(d)(1)(B), the court shall advise the defendant that the plea cannot be withdrawn if the court does not adopt the recommendation or request. Thereupon the court may accept or reject the agreement or may defer its decision as to the acceptance or rejection until there has been an opportunity to consider the presentence report.

(3) Acceptance of a Plea Agreement. If the court accepts the plea agreement, the court shall inform the defendant that it will embody the disposition provided for in the plea agreement in the judgment and sentence.

(4) Rejection of a Plea Agreement. If the court rejects the plea agreement, the court shall, on the record, inform the parties of this fact, advise the defendant personally in open court or, on a showing of good cause, in camera, that the court is not bound by the plea agreement, afford the defendant the opportunity to then withdraw defendant's plea if it is based on an agreement pursuant to Rule 24.02(d)(1)(A), (C), or (D), and advise the defendant that if defendant persists in the guilty plea, the disposition of the case may be less favorable to the defendant than that contemplated by the plea agreement.

(5) Inadmissibility of Pleas, Offers of Pleas, and Related Statements. Except as otherwise provided in this Rule 24.02(d)(5), evidence of a plea of guilty, later withdrawn, or of an offer to plead guilty to the crime charged or of any other crime, or of statements made in connection with, and relevant to, any of the foregoing pleas or offers is not admissible in any civil or criminal proceeding against the person who made the plea or offer. However, evidence of a statement made in connection with, and relevant to, a plea of guilty, later withdrawn, or an offer to plead guilty to the crime charged or any other crime is admissible in a criminal proceeding for perjury or false statement if the statement was made by the defendant under oath, on the record, and in the presence of counsel.

(e) Determining Accuracy of Plea. The court shall not enter a judgment upon a plea of guilty unless it determines that there is a factual basis for the plea.

(f) As used in this Rule, addressing or advising the defendant personally in open court includes proceedings conducted by interactive video technology upon the defendant's waiver of his or her right to be physically present and with the court's approval.

Committee Note – 1979

Paragraph (a) is the same as Fed.R.Crim.P. 11(a) with the addition of "... not guilty by reason of mental disease or defect excluding responsibility, or both not guilty and not guilty by reason of mental disease or defect excluding responsibility ..." and the deletion of "nolo contendere." Compare: Prior Rule 25.04.

Paragraph (b) is the same as Fed.R.Crim.P. 11(c)(1), (2), (3), and (4) with the deletion of 'nolo contendere.' Compare: Prior Rule 25.04.

Paragraph (c) is the same as Fed.R.Crim.P. 11(d). Compare: Prior Rule 25.04.

Paragraph (d) is new. Compare: Fed.R.Crim.P. 11(e).

Paragraph (e) is new. Compare: Fed.R.Crim.P. 11(f).


(Adopted June 13, 1979, effective January 1, 1980. Amended November 21, 1979, effective January 1, 1980; amended May 18, 1981, effective January 1, 1982; amended June 27, 2003, effective January 1, 2004; amended March 17, 2020, effective March 17, 2020; amended October 26, 2021, effective July 1, 2022.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 2011

Rule 24 | Rules of Criminal Procedure | Misdemeanors or Felonies – Arraignment and Proceedings Before Trial

24.03 | Felonies – Guilty Pleas – Record

When a defendant enters a plea of guilty to a felony, the court reporter shall:

(a) Record accurately all courts proceedings in connection with the plea;

(b) Prepare a transcript of such proceedings when a motion is filed under Rule 24.035. The circuit clerk shall notify the court reporter that the motion has been filed, and the transcript shall be prepared within 30 days from the date the reporter receives the notice.

(c) Certify the accuracy of the transcript of the proceedings and immediately deliver the certified transcript to the circuit clerk;

(d) Receive for preparing such certified transcript the amount provided in section 488.2250, RSMo, for preparing an original transcript in a criminal case where the defendant is unable to pay the costs.

The circuit clerk shall note the filing of the certified transcript in his record and shall place the same, as a part of the permanent record of the case, in the file containing the indictment or information.

Committee Note – 1979

This is substantially the same as the order of the Supreme Court dated February 22, 1972 which followed prior Rule 25.04. Compare: Fed.R.Crim.P. 11(g).


(Adopted June 13, 1979, effective January 1, 1980. Amended January 15, 1986, effective January 15, 1986; amended September 10, 1991, effective July 1, 1992; amended May 19, 2010, effective January 1, 2011.)

First Adopted: February 11, 1987

Most Recently Effective: July 01, 2023

Rule 24 | Rules of Criminal Procedure | Misdemeanors or Felonies – Arraignment and Proceedings Before Trial

24.035 | Conviction after Guilty Plea – Correction

(a) Nature of Remedy – Rules of Civil Procedure Apply. A person convicted of a felony on a plea of guilty claiming that the conviction or sentence imposed violates the constitution and laws of this state or the constitution of the United States, including claims of ineffective assistance of trial and appellate counsel, that the court imposing the sentence was without jurisdiction to do so, or that the sentence imposed was in excess of the maximum sentence authorized by law may seek relief in the sentencing court pursuant to the provisions of this Rule 24.035. This Rule 24.035 provides the exclusive procedure by which such person may seek relief in the sentencing court for the claims enumerated. The procedure to be followed for motions filed pursuant to this Rule 24.035 is governed by the rules of civil procedure insofar as applicable.

(b) Form of Motion – Cost Deposit Not Required – Time to File – Failure to File, Effect of. A person seeking relief pursuant to this Rule 24.035 shall file a motion to vacate, set aside or correct the judgment or sentence substantially in the form of Criminal Procedure Form No. 40.

No cost deposit shall be required.

The motion shall be filed no earlier than the date the sentence is entered if no appeal is taken, including if no appeal is taken after any remand of the judgment or sentence following a prior appeal, or the date the mandate of the appellate court issues affirming the judgment or sentence.

If the motion is filed prematurely, such motion shall be considered as filed immediately after the sentence is entered if no appeal is taken, including if no appeal is taken after any remand of the judgment or sentence following a prior appeal, or the date the mandate of the appellate court issues affirming the judgment or sentence.

If no appeal of such judgment or sentence is taken, the motion shall be filed within 180 days of the date the sentence is entered.

If an appeal of the judgment or sentence sought to be vacated, set aside or corrected is taken, the motion shall be filed within 90 days after the date the mandate of the appellate court issues affirming such judgment or sentence.

If an appeal of such judgment or sentence sought to be vacated, set aside or corrected is taken and the appellate court remands the case for further proceedings, the motion shall be filed within 180 days of the date the court's resulting judgment or sentence is entered if no appeal is taken after remand. If an appeal of the resulting judgment or sentence is taken after remand, then the motion shall be filed within 90 days after the date the mandate of the appellate court issues affirming the judgment or sentence entered after remand.

If the motion is sent to the sentencing court by first-class United States Mail and is addressed correctly with sufficient postage and deposited in the mail on or before the last day for filing the motion, the motion shall be deemed to be filed timely. A legible postmark affixed by by the United States Postal Service shall be prima facie evidence of evidence of the date of the filing of the motion. Failure to file a motion within the time provided by this Rule 24.035 shall constitute a complete waiver of any right to proceed under this Rule 24.035 and a complete waiver of any claim that could be raised in a motion filed pursuant to this Rule 24.035.

(c) Clerk's Duties. Movant shall file the motion and two copies thereof with the clerk of the trial court. The clerk shall file stamp the motion on the date it is received and retain in the court file the envelope in which the motion was sent. The clerk shall immediately deliver a copy of the motion to the prosecutor. Upon receipt of the motion, the clerk shall notify the sentencing judge and shall notify the court reporter to prepare and file the complete transcript of the movant's guilty plea and sentencing hearing if the transcript has not yet been prepared or filed. If the motion is filed by an indigent  pro se movant, the clerk shall forthwith send a copy of the motion to the counsel who is appointed to represent the movant.

(d) Contents of Motion. The motion to vacate shall include every claim known to the movant for vacating, setting aside, or correcting the judgment or sentence. The movant shall declare in the motion that the movant has listed all claims for relief known to the movant and acknowledging the movant's understanding that the movant waives any claim for relief known to the movant that is not listed in the motion.

(e)  Pro Se Motion – Appointment of Counsel – Amended Motion, Required When. Within 30 days after an indigent movant files a  pro se motion, the court shall cause counsel to be appointed for the movant. If the  pro se motion is filed prematurely, such motion shall be considered as filed immediately after the time to file an appeal has expired if no appeal is taken, including if no appeal is taken after any remand of the judgment or sentence following a prior appeal, or the date the mandate of the appellate court issues affirming the judgment or sentence. Counsel shall ascertain whether sufficient facts supporting the claims are asserted in the motion and whether the movant has included all claims known to the movant as a basis for attacking the judgment and sentence. If the motion does not assert sufficient facts or include all claims known to the movant, counsel shall file an amended motion that sufficiently alleges the additional facts and claims. If counsel determines that no amended motion shall be filed, counsel shall file a statement setting out facts demonstrating what actions were taken to ensure that (1) all facts supporting the claims are asserted in the  pro se motion and (2) all claims known to the movant are alleged in the  pro se motion. The statement shall be presented to the movant prior to filing. The movant may file a reply to the statement not later than ten days after the statement is filed.

(f) Withdrawal of Counsel. For good cause shown, counsel may be permitted to withdraw upon the filing of an entry of appearance by successor counsel. If appointed counsel is permitted to withdraw, the court shall cause new counsel to be appointed. If an indigent movant is seeking to set aside a death sentence, successor counsel shall have at least the same qualifications as required by Rule 24.036 as the withdrawing counsel.

(g) Amended Motion – Form, Time for Filing – Response by Prosecutor. Any amended motion shall be signed by movant or counsel. The amended motion shall not incorporate by reference or attachment material contained in any previously filed motion nor attach or incorporate the  pro se motion. All claims shall be included within the same body and text of the amended motion.

If no appeal of the judgment sought to be vacated, set aside, or corrected is taken, the amended motion or statement in lieu of an amended motion shall be filed within 120 days of the earlier of the date both a complete transcript consisting of the guilty plea and sentencing hearing has been filed in the trial court and:

(1) Counsel is appointed, or

(2) An entry of appearance is filed by any counsel that is not appointed but enters an appearance on behalf of movant.

If an appeal of the judgment sought to be vacated, set aside, or corrected is taken, the amended motion or statement in lieu of an amended motion shall be filed within 120 days of the earlier of the date both the mandate of the appellate court is issued and:

(1) Counsel is appointed, or

(2) An entry of appearance is filed by any counsel that is not appointed but enters an appearance on behalf of movant.

The court may not extend the time for filing the amended motion or statement in lieu of an amended motion.

If an amended motion or statement in lieu of an amended motion is not timely filed by appointed counsel, then the court shall conduct an inquiry on the record to determine if movant was abandoned by appointed counsel.

Any response to the motion by the prosecutor shall be filed within 30 days after the date an amended motion or statement in lieu of amended motion is required to be filed.

(h) Hearing Not Required, When. If the court shall determine the motion and the files and records of the case conclusively show that the movant is entitled to no relief, a hearing shall not be held. In such case, the court shall issue findings of fact and conclusions of law as provided in Rule 24.035(j).

(i) Presence of Movant – Record of Hearing – Continuance of Hearing - Burden of Proof. At any hearing ordered by the court the movant need not be present. The court may order that testimony of the movant shall be received by deposition. The hearing shall be on the record and shall be confined to the claims contained in the last timely filed motion. The court may continue the hearing upon a showing of good cause. The movant has the burden of proving the movant's claims for relief by a preponderance of the evidence.

(j) Findings and Conclusions – Judgment. Whether or not a hearing is held, the court shall issue findings of fact and conclusions of law on all issues presented, including the timeliness of the  pro se motion, the timeliness of the amended motion, and, when applicable, whether movant was abandoned by postconviction counsel. Rule 78.07(c) shall apply to these proceedings. If the court finds that the judgment was rendered without jurisdiction, that the sentence imposed was illegal, or that there was a denial or infringement of the rights given movant by the constitution of Missouri or the constitution of the United States as to render the judgment subject to collateral attack, the court shall vacate and set aside the judgment and shall discharge the movant or resentence the movant or order a new trial or correct the judgment and sentence as appropriate.

(k) Appeal – Standard of Appellate Review. An order sustaining or overruling a motion filed under the provisions of this Rule 24.035 shall be deemed a final judgment for purposes of appeal by the movant or the state. If the court finds that a movant allowed an appeal is an indigent person, it shall authorize an appeal in forma pauperis and furnish without cost a record of all proceedings for appellate review. When the appeal is taken, the circuit court shall order the official court reporter to promptly prepare the transcript necessary for appellate review without requiring a letter from the movant's counsel ordering the same. If the sentencing court finds against the movant on the issue of indigence and the movant so requests, the court shall certify and transmit to the appellate court a transcript and legal file of the evidence solely on the issue of indigence so as to permit review of that issue by the appellate court. Appellate review of the trial court's action on the motion filed under this Rule 24.035 shall be limited to a determination of whether the findings and conclusions of the trial court are clearly erroneous.

(l) Successive Motions. The circuit court shall not entertain successive motions.

(m) Schedule. For sentences pronounced on or after January 1, 2018, postconviction relief proceedings shall be governed by the provisions of Rule 24.035 in effect on the date of the movant’s sentencing. For sentences pronounced prior to January 1, 2018, postconviction relief proceedings shall continue to be governed by the provisions of Rule 24.035 in effect on the date the motion was filed or December 31, 2017, whichever is earlier. 


(Adopted February 11, 1987, effective January 1, 1988. Amended May 22, 1987, effective January 1, 1988; amended June 20, 1995, effective January 1, 1996; amended November 19, 1996, effective July 1, 1997; amended October 6, 1999, effective July 1, 2000; amended June 21, 2002, effective January 1, 2003; amended May 31, 2016, effective May 31, 2016; amended May 31, 2016, effective January 1, 2017; amended December 28, 2016, effectie July 1, 2017; amended June 27, 2017, effective January 1, 2018; amended December 7, 2018, effective January 1, 2018; amended May 4, 2021, effective November 4, 2021; amended December 20, 2022, effective July 1, 2023.)

First Adopted: November 19, 1996

Most Recently Effective: January 01, 2021

Rule 24 | Rules of Criminal Procedure | Misdemeanors or Felonies – Arraignment and Proceedings Before Trial

24.036 | Conviction After Guilty Plea – Correction – Death Sentence – Appointment of Counsel

(a) Within 30 days after a motion is filed as provided in Rule 24.035 to set aside a sentence of death, the court shall cause two counsel to be appointed for the movant. If movant seeks to reject the appointment of counsel, the court shall find on the record, after a hearing if necessary, whether the movant is able to competently decide whether to accept or reject the appointment and whether the movant rejected the offer with the understanding of its legal consequences. Unless the movant is so competent and understands the legal consequences, movant shall not be permitted to reject the appointment of counsel.

(b) All counsel appointed as provided in this Rule 24.036 shall be members of The Missouri Bar or shall be admitted to practice in the particular case as provided in this Court's Rule 9. At least one of the counsel shall meet the following qualifications:

(1) Have attended and successfully completed within two years immediately preceding the appointment at least twelve hours of training or educational programs on the post-conviction phase of a criminal case and federal and state aspects of cases in which the death penalty is sought; and

(2) Have at least three years litigation experience in the field of criminal law; and

(3) Have participated as counsel or co-counsel to final judgment in at least five post-conviction motions involving class A felonies in either state or federal trial courts; and

(4) Have participated in either state or federal court as counsel or co-counsel to final judgment in at least:

(A) three felony jury trials; or

(B) five direct criminal appeals in felony cases.

Counsel shall certify to the state public defender in such form as the defender may require that counsel meets the qualifications of this Rule 24.036 prior to filing counsel's entry of appearance in the case.

(c) Counsel appointed to represent the movant shall not have represented the movant at trial or on the direct appeal therefrom.

(d) As to any counsel appointed as provided in this Rule 24.036, the state public defender shall provide counsel with reasonable compensation and shall provide reasonable and necessary litigation expenses.

(e) The following provision is in lieu of Rule 24.035(g) when a motion is filed as provided in Rule 24.035 to set aside a sentence of death.

Any amended motion shall be signed by movant or counsel. The amended motion shall not incorporate by reference or attachment material contained in any previously filed motion nor attach or incorporate the pro se motion. All claims shall be included within the same body and text of the amended motion.

An amended motion shall be filed within 180 days of the earlier of:

(1) the date both the mandate of the appellate court is issued and counsel is appointed; or

(2) the date both the mandate of the appellate court is issued and an entry of appearance is filed by any counsel that is not appointed but enters an appearance on behalf of movant.

For good cause shown, the court may extend the time for filing the amended motion for a period not to exceed 90 days.

Any response to the motion by the prosecutor shall be filed within 30 days after the date an amended motion is required to be filed.

(f) This Rule 24.036 shall be applicable to all motions filed on or after January 1, 2021, as provided in Rule 24.035.


(Adopted November 19, 1996, effective July 1, 1997. Amended April 28, 2020, effective January 1, 2021.)

First Adopted: May 19, 2010

Most Recently Effective: January 01, 2011

Rule 24 | Rules of Criminal Procedure | Misdemeanors or Felonies – Arraignment and Proceedings Before Trial

24.037 | Probation and Judicial Parole Violations – Procedure

Probation or judicial parol violation proceedings after a plea of guilty are governed by Rule 29.18.


(Adopted May 19, 2010; effective January 1, 2011.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1980

Rule 24 | Rules of Criminal Procedure | Misdemeanors or Felonies – Arraignment and Proceedings Before Trial

24.04 | Misdemeanors or Felonies – Pleadings and Motions Before Trial – Defenses and Objections

(a) Pleadings. Pleadings shall be the indictment or the information and the plea thereto.

(b) Motion Raising Defenses and Objections.

1. Defenses and Objections Which May Be Raised. Any defense or objection which is capable of determination without trial of the general issue may be raised before trial by motion.

2. Defenses and Objections Which Must Be Raised. Defenses and objections based on defects in the institution of the prosecution or in the indictment or information other than that it fails to show jurisdiction in the court or to charge an offense may be raised only by motion before trial. The motion shall include all such defenses and objections then available to the defendant. Failure to present any such defense or objection as herein provided constitutes a waiver thereof, but the court for cause shown may grant relief from the waiver. Lack of jurisdiction or the failure of the indictment or information to charge an offense shall be noticed by the court at any time during the pendency of the proceeding.

3. Time of Making Motion. The motion shall be made before the plea is entered, but the court may permit it to be made within a reasonable time thereafter.

4. Hearing on Motion. The motion shall be heard and determined before trial on application of the state or the defendant, unless the court orders that the hearing and determination thereof be deferred until the trial.

5. Effect of Determination. If a motion is determined adversely to the defendant he shall be permitted to plead if he has not previously pleaded. A plea previously entered shall stand. If the court grants a motion based on a defect in the institution of the prosecution or in the indictment or information, it may also order that the defendant be held in custody or that the conditions of his release be continued for a specified time pending the filing of a new indictment or information.

Committee Note – 1979

Paragraph (a) is substantially the same as the first sentence in prior Rule 25.05(a). Compare: Fed.R.Crim.P. 12(a).

Subparagraph (b)(1) is the same as prior Rule 25.06(a). Compare: Fed.R.Crim.P. 12(b).

Subparagraph (b)(2) is the same as prior Rule 25.06(b) except for the addition of: 'The motion shall include all such defenses and objections then available to the defendant.' Compare: Fed.R.Crim.P. 12(b).

Subparagraph (b)(3) is substantially the same as prior Rule 25.06(c). Compare: Fed.R.Crim.P. 12(c).

Subparagraph (b)(4) is substantially the same as prior Rule 25.06(d). Compare: Fed.R.Crim.P. 12(e) and 55.27(c).

Subparagraph (b)(5) is new. Compare: Fed.R.Crim.P. 12(h).


(Adopted June 13, 1979, effective January 1, 1980.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1980

Rule 24 | Rules of Criminal Procedure | Misdemeanors or Felonies – Arraignment and Proceedings Before Trial

24.05 | Misdemeanors or Felonies – Motions to Suppress

Requests that evidence be suppressed shall be raised by motion before trial; however, the court may in its discretion entertain a motion to suppress evidence at any time during trial.

Committee Note – 1979

This is substantially the same as Section 542.296.3, RSMo. Compare: Fed.R.Crim.P. 12(b)(3).


(Adopted June 13, 1979, effective January 1, 1980.)

First Adopted: June 13, 1979

Most Recently Effective: July 01, 1986

Rule 24 | Rules of Criminal Procedure | Misdemeanors or Felonies – Arraignment and Proceedings Before Trial

24.06 | Misdemeanors or Felonies – Joint Defendants – Severance

(a) If two or more defendants could have been joined in the same indictment or information but they are charged in separate indictments or informations, the court may order the defendants to be tried jointly upon motion of any party.

(b) If two or more defendants are charged in an indictment or information, all defendants shall be tried together unless the court orders a defendant to be tried separately. A defendant shall be ordered to be tried separately only if the defendant files a written motion requesting a separate trial and the court finds a probability of prejudice exists or:

(1) The defendant is subject to assessment of punishment by the jury and the defendant shows a probability of prejudice would result from this fact if he is not tried separately; or

(2) There is, or may reasonably be expected to be, material and substantial evidence not admissible against the defendant that would be admissible against other defendants if a separate trial is not ordered; or

(3) There is an out-of-court statement that is not admissible against the defendant that would be admissible against other defendants if a separate trial is not ordered unless the court finds the out-of-court statement can be limited by eliminating any reference to the defendant; or

(4) A separate trial is necessary to a fair determination of whether the defendant is guilty.

Committee Note – 1979

Paragraph (a) is substantially the same as prior Rule 25.07(a).

Paragraph (b) is substantially the same as prior Rule 25.07(b).

Paragraph (c) is new. Compare: Fed.R.Crim.P. 14.


(Adopted June 13, 1979, effective January 1, 1980. Amended June 10, 1980, effective January 1, 1981; amended September 30, 1985, effective July 1, 1986.)

First Adopted: June 13, 1979

Most Recently Effective: July 01, 1986

Rule 24 | Rules of Criminal Procedure | Misdemeanors or Felonies – Arraignment and Proceedings Before Trial

24.07 | Misdemeanors or Felonies – Severance of Offenses

When a defendant is charged with more than one offense in the same indictment or information, the offenses shall be tried jointly unless the court orders an offense to be tried separately. An offense shall be ordered to be tried separately only if:

(a) A party files a written motion requesting a separate trial of the offense;

(b) A party makes a particularized showing of substantial prejudice if the offense is not tried separately; and

(c) The court finds the existence of a bias or discrimination against the party that requires a separate trial of the offense.

Committee Note – 1979

This is new. Compare: Fed.R.Crim.P. 14.


(Adopted June 13, 1979, effective January 1, 1980. Amended September 30, 1985, effective July 1, 1986.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1980

Rule 24 | Rules of Criminal Procedure | Misdemeanors or Felonies – Arraignment and Proceedings Before Trial

24.08 | Misdemeanors or Felonies – Continuance

For good cause shown, the court may continue a criminal proceeding to a fixed day, or to a date for trial to be set thereafter.

Committee Note – 1979

This is the same as Rule 65.01 except that 'civil action' has been changed to 'criminal proceeding' and the provision concerning costs has been deleted. Compare: Prior Rule 25.08(a).


(Adopted June 13, 1979, effective January 1, 1980.)

First Adopted: March 17, 2003

Most Recently Effective: January 01, 2004

Rule 24 | Rules of Criminal Procedure | Misdemeanors or Felonies – Arraignment and Proceedings Before Trial

24.09 | Misdemeanors or Felonies – Application for Continuance – How Made

A motion for continuance shall set forth in writing the facts upon which the motion is based. The motion may be oral if:

(a) The adverse party consents, or

(b) The court finds good cause.


(Adopted March 17, 2003, effective January 1, 2004.)

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1980

Rule 24 | Rules of Criminal Procedure | Misdemeanors or Felonies – Arraignment and Proceedings Before Trial

24.10 | Misdemeanors or Felonies – Application for a Continuance on Account of Absence of Witnesses Shall Show What

An application for a continuance on account of the absence of witnesses or their evidence shall show:

(a) The facts showing the materiality of the evidence sought to be obtained and due diligence upon the part of the applicant to obtain such witness or testimony;

(b) The name and residence of such witness, if known, or, if not known, the use of diligence to obtain the same, and also facts showing reasonable grounds for belief that the attendance or testimony of such witness will be procured within a reasonable time;

(c) What particular facts the affiant believes the witness will prove, and that he knows of no other person whose evidence or attendance he could have procured at the trial, by whom he can prove or so fully prove the same facts;

(d) That such witness is not absent by the connivance, consent, or procurement of the applicant, and such application is not made for vexation or delay, but in good faith for the purpose of obtaining a fair and impartial trial.

If the court shall be of the opinion that the affidavit is insufficient it shall permit it to be amended.

Committee Note – 1979

This is the same as Rule 65.04 except that the last sentence has been added and the added sentence is the same as the first sentence of Rule 65.05. Compare: Prior Rule 25.08(b).


(Adopted June 13, 1979, effective January 1, 1980.)

First Adopted: December 20, 1990

Most Recently Effective: July 01, 1991

Rule 24 | Rules of Criminal Procedure | Misdemeanors or Felonies – Arraignment and Proceedings Before Trial

24.11 | [REPEALED]

[Repealed by order dated December 20, 1990, effective July 1, 1991.]

First Adopted: June 13, 1979

Most Recently Effective: January 01, 1980

Rule 24 | Rules of Criminal Procedure | Misdemeanors or Felonies – Arraignment and Proceedings Before Trial

24.12 | Misdemeanors or Felonies – Pretrial Conference

At any time after the filing of the indictment or information the court upon motion of any party or upon its own motion may order one or more conferences to consider such matters as will promote a fair and expeditious trial. The court shall make a record of the matters agreed upon. No admission made by the defendant or his attorney at a conference shall be used against the defendant unless the admissions are reduced to writing and signed by the defendant and his attorney. This Rule shall not be invoked unless the defendant is represented by counsel.

Committee Note – 1979

This is substantially the same as Fed.R.Crim.P. 17.1. Compare: Prior Rule 25.09.


(Adopted June 13, 1979, effective January 1, 1980.)