Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.01 | Rules – When Applicable 37.02 | Rules – Authority for – Statutes and Ordinances Superseded 37.03 | Rules – Construction 37.04 | Supervision of Courts Hearing Ordinance Violations 37.05 | Local Circuit Court Rules – Publication and Distribution 37.06 | Definitions 37.07 | Pleadings and Papers – Size 37.08 | Rules – When not Applicable – Procedure 37.09 | Time – Computation of – Enlargement 37.10 | Courts Always Open – Motions, Applications Grantable by Clerk 37.11 | Writs – Process – Return 37.12 | [RESERVED]37.13 | Counsel – Right to Consult 37.14 | Conditions of Release: Rules of Evidence Inapplicable 37.15 | Right to Release – Conditions 37.16 | Officials Authorized to Set Conditions of Release – Conditions to be Stated on Warrant 37.17 | Arrest Without Warrant 37.18 | Officer Authorized to Accept Conditions of Release 37.19 | Modification of Conditions of Release 37.20 | Release Hearing 37.21 | Rearrest of Defendant 37.22 | Relief from Inadequate or Excessive Conditions of Release 37.23 | Transmittal of Record by Clerk of the Releasing Court 37.24 | Bonds – Where Filed – Certification by Peace Officer – Cash Bonds 37.25 | Surrender of Principal by Surety 37.26 | Bonds – Forfeiture – Procedural Notice – Judgment – Setting Aside Forfeiture 37.27 | Bond – Release of Obligors 37.28 | Notice of Change of Address 37.29 | Bonds – Surety, Individual – Qualifications 37.30 | Compensated Surety – Affidavit of Justifications – Additional Investigation – Approval 37.31 | Bonds – Affidavit of Justification – Record 37.32 | Bond – Surety Company and Agent – Qualifications 37.33 | Violations Notice – Contents 37.34 | Ordinance Violations – Information 37.35 | Information – Form of – Contents 37.36 | Information – Joinder of Violations 37.37 | Information – Joinder of Defendants 37.38 | Information – Incorrect Name of Defendant 37.39 | Information – Amendment – Delay 37.40 | Information – Unavailability of Original 37.41 | Information – Nonprejudicial Defects 37.42 | Summons – Contents 37.43 | Ordinance Violation – Summons or Arrest Warrant – When Issued – Failure to Appear 37.435 | Statement of Probable Cause 37.44 | Summons – Service and Return 37.45 | Warrant for Arrest – Contents 37.46 | Warrant for Arrest – Service 37.47 | Initial Proceedings before a Judge 37.48 | Arraignment 37.49 | Local Violations Bureau – Violations Clerk – Schedule of Fines – Payment 37.495 | The Uniform Fine Schedule 37.50 | Right to Counsel – Appointment of Counsel 37.51 | Pleadings and Motions before Trial – Defenses and Objections – Hearing on Motion 37.52 | Motions to Suppress 37.53 | Disqualification and Change of Judge 37.54 | Discovery 37.55 | Process for Witnesses – Subpoena Duces Tecum – Service – Return – Failure to Appear – Hearing Continuance – Contempt 37.56 | Continuances 37.57 | Presence of Defendant – When Required 37.58 | Pleas 37.59 | [RESERVED]37.60 | Severance 37.61 | Trials – Issues of Fact – Jury – Cerification 37.62 | Order of Trial 37.63 | Failure of Defendant or Defendant’s Spouse to Testify 37.64 | Sentence and Judgment 37.65 | Imposition and Payment of Fines, Fees, and Costs, and Contempt Proceedings 37.66 | Sentence of Incarceration – Transcript to Corrections Official 37.67 | Judgment Set Aside – When 37.68 | [RESERVED]37.69 | Judgment – Commutation 37.70 | Revocation of Probation or Parole 37.71 | Trial De Novo – Right – Time 37.72 | Trial De Novo – Stay of Execution 37.73 | Trial De Novo – Transmittal of Record 37.74 | Trial De Novo – Procedure 37.75 | Criminal Contempt 37A. | Suggested Forms - Uniform Citation 37B. | Suggested Forms - Record of Conviction

First Adopted: May 14, 1985

Most Recently Effective: May 01, 2019

37.01 | Rules – When Applicable

Rule 37 governs the procedure in all courts of this state having original jurisdiction of ordinance violations and the disposition of any such violation in a local violations bureau.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 18, 1998, effective January 1, 2000; amended December 23, 2003, effective July 1, 2004; amended October 15, 2018, effective May 1, 2019.)

First Adopted: May 14, 1985

Most Recently Effective: July 01, 2004

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.02 | Rules – Authority for – Statutes and Ordinances Superseded

Rule 37 is promulgated pursuant to authority granted this Court by Section 5 of Article V of the Constitution of Missouri and supersedes all statutes, ordinances and court rules inconsistent therewith.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2004, effective July 1, 2004.)

First Adopted: May 14, 1985

Most Recently Effective: July 01, 2004

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.03 | Rules – Construction

Rule 37 shall be construed to secure the just, speedy and inexpensive determination of ordinance violations.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 18, 1998, effective January 1, 2000; amended December 23, 2003, effective July 1, 2004.)

First Adopted:

Most Recently Effective:

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.04 | Supervision of Courts Hearing Ordinance Violations

The presiding judge of the circuit shall have general administrative authority over the judges and court personnel of all divisions of the circuit court hearing and determining ordinance violations within the circuit. Municipal divisions shall operate in substantial compliance with the minimum operating standards set out in Appendix A of this Rule 37.04. The judges of all such divisions shall be subject to the rules of the circuit court that are not inconsistent with this Rule 37.

(Adopted May 14, 1985, effective January 1, 1986. Amended September 20, 2016, effective July 1, 2017.)

First Adopted: May 14, 1985

Most Recently Effective: July 01, 2004

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.05 | Local Circuit Court Rules – Publication and Distribution

The circuit courts may make rules governing the disposition of ordinance violations if the rules are not inconsistent with the rules of this Court or the Constitution. Upon promulgation, copies of such rules shall be filed with the clerk of this Court. The clerk of each court shall from time to time compile all of the current rules and maintain copies.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 18, 1998, effective January 1, 2000; amended December 23, 2003, effective July 1, 2004.)

First Adopted: May 14, 1985

Most Recently Effective: May 01, 2019

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.06 | Definitions

Whenever in this Rule 37 the following terms are used, they mean the following:

(a) “Animal control violation,” any violation of an ordinance relating to the care or control of any animal;

(b) “Clerk,” any duly appointed court clerk or court administrator or any deputy or division court clerk serving courts to which this Rule 37 applies;

(c) "Committee," a committee consisting of judges appointed by this Court to establish the uniform fine schedule for Rule 37 violations bureaus;

(d) “Corrections official,” a person in control of a detention facility;

(e) “County,” includes the city of St. Louis;

(f) “Court,” a division of the circuit court having jurisdiction to hear ordinance violations;

(g) “Detention facility,” any jail, workhouse, lockup or other facility normally operated to hold sentenced offenders or that is used to confine adults awaiting trial;

(h) “Housing violation,” any violation of an ordinance relating to the condition or maintenance of residential buildings and residential real property;

(i) “Law,” includes constitutions, statutes, ordinances, judicial decisions and this Rule 37;

(j) "Local violations bureau," a violations bureau established by court order pursuant to Rule 37.49 of this Court;

(k) "Missouri charge code," as defined by section 43.500, RSMo;

(l) “Municipal division,” any division of the circuit court presided over by a judge having original jurisdiction to hear and determine municipal ordinance violations;

(m) “Municipality,” includes all charter, first, second, third and fourth class cities, towns and villages;

(n) “Ordinance,” a law enacted by a municipality or county;

(o) “Peace Officer,” includes police officers, members of the state highway patrol, sheriffs, marshals, constables, and their deputies;

(p) “Person,” includes corporations;

(q) “Prosecutor,” any attorney or counselor who represents any county, city, town, or village in the prosecution of a person for a violation of an ordinance;

(r) “Traffic violation,” any violation of an ordinance relating to the control of traffic;

(s) “Violation,” any ordinance violation within the jurisdiction of any court to which this Rule 37 applies.

First Adopted: May 14, 1985

Most Recently Effective: July 01, 2004

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.07 | Pleadings and Papers – Size

All pleadings and other papers, except exhibits, offered for filing in any court and all forms used in any court, including opinions, shall be on paper of a size not larger that 8 1/2 x 11 inches. An exhibit may be on paper larger than size 8 1/2 x 11 inches. The use of recycled paper is acceptable and encouraged.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004.)

First Adopted: May 14, 1985

Most Recently Effective: January 01, 2000

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.08 | Rules – When not Applicable – Procedure

If no procedure is specially provided by this Rule 37, the court shall be governed by Rules 19 to 36, inclusive, to the extent not inconsistent with this Rule 37.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 18, 1998, effective January 1, 2000.)

First Adopted: May 14, 1985

Most Recently Effective: July 01, 2004

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.09 | Time – Computation of – Enlargement

(a) Computation. In computing any period of time prescribed or allowed by this Rule 37, by order of court, or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, or a legal holiday, in which event the period runs until the end of the next day that is neither a Saturday, Sunday nor a legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.

(b) Enlargement. When by this Rule 37 or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion:

(1) With or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order or

(2) Upon notice and motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect;

but the court may not enlarge the period for filing an application for trial de novo.

(c) Additional Time After Service by Mail. When a party has the right or is required to do some act or take some action within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served by mail, three days shall be added to the prescribed period.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004.)

First Adopted: May 14, 1985

Most Recently Effective: July 01, 2004

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.10 | Courts Always Open – Motions, Applications Grantable by Clerk

(a) Court Always Open for Certain Purposes. The court shall be deemed always open for the purpose of filing proper papers, the issuance and return of process, and for the making of motions, applications and orders.

(b) Motions and Proceedings Grantable by Clerk. All motions and applications filed in the clerk’s office for issuing process, for issuing final process to enforce judgments and for other proceedings that do not require an order of the court are grantable by the clerk; but such action by the clerk may be suspended, altered or rescinded by the judge upon cause shown.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004.)

First Adopted: May 14, 1985

Most Recently Effective: July 01, 2004

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.11 | Writs – Process – Return

Every officer to whom any writ of process or order shall be directed and delivered for service under this Rule 37 shall make return thereof in writing, showing the time, place, and manner of service thereof, and shall sign such return and file the same with the clerk.

(Adopted May 14, 1985, eff. Jan. 1, 1986. Amended December 23, 2003, effective July 1, 2004.)

First Adopted: May 14, 1985

Most Recently Effective: July 01, 2004

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.12 | [RESERVED]

(Adopted May 14, 1985, effective January 1, 1986. Repealed December 18, 1998, effective January 1, 2000. Reserved December 23, 2003, effective July 1, 2004.)

First Adopted: May 14, 1985

Most Recently Effective: July 01, 2004

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.13 | Counsel – Right to Consult

Every person arrested and held in custody by any peace officer in any detention facility, police station, or any other place, upon or without a warrant or other process for the alleged commission of an ordinance violation, or upon suspicion thereof, shall promptly, upon request, be permitted to consult with counsel or other persons and, for such purpose, to use a telephone.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004.)

First Adopted: May 14, 1985

Most Recently Effective: January 01, 2019

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.14 | Conditions of Release: Rules of Evidence Inapplicable

Proceedings under Rules 37.14 to 37.32 shall be informal, and technical rules of evidence need not apply.

(Adopted May 14, 1985, effective January 1, 1986. Amended June 29, 2018, effective January 1, 2019.)

First Adopted: May 14, 1985

Most Recently Effective: January 01, 2020

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.15 | Right to Release – Conditions

(a) A defendant arrested for an ordinance violation shall be entitled to be released from custody pending trial or other stage of the proceedings. The defendant is also entitled to be released pending trial de novo, review and appeal. As each court enters a judgment, it shall review the conditions of release and may modify them as provided in Rule 37.19.

(b) The defendant's release shall be upon the conditions that:

(1) The defendant will appear in the court in which the case is prosecuted or appealed, from time to time as required to answer the charge;

(2) The defendant will submit to the orders, judgment and sentence, and process of the court having jurisdiction over the defendant;

(3) The defendant shall not commit any new offenses and shall not tamper with any victim or witness in the case, nor have any person do so on the defendant's behalf; and

(4) The defendant will comply fully with any and all conditions imposed by the court in granting release.

(c) The court shall release the defendant on the defendant's own recognizance subject only to the conditions under subsection (b) with no additional conditions of release unless the court determines such release will not secure the appearance of the defendant at trial, or at any other stage of the proceedings, or the safety of the community or other person, including but not limited to the victims and witnesses. If the court so determines, it shall set and impose additional conditions of release pursuant to this subsection.

The court shall set the impose the least restrictive condition or combination of conditions of release, and the court shall not set or impose any condition or combination or conditions of release greater than necessary to secure the appearance of the defendant at trial, or at any other stage of the proceedings, or the safety of the community or other person, including but not limited to the victims and witnesses.

When considering the least restrictive condition or combination of conditions of release to set and impose, the court shall first consider non-monetary conditions. Should the court determine non-monetary conditions alone will not secure the appearance of the defendant at trial, or at any other stage of the proceedings, or the safety of the community or other person, including but not limited to the victims and witnesses, then the court may consider monetary conditions or a combination of non-monetary and monetary conditions to satisfy the foregoing. After considering the defendant's ability to pay, a monetary condition fixed at more than is necessary to secure the appearance of the defendant at trial, or at any other stage of the proceedings, or the safety of the community or other person, including but not limited to the victims and witnesses, is impermissible.

If the court determines additional conditions of release are required pursuant to this subsection, it shall set and impose one or more of the following conditions of release:

(1) Place the defendant in the custody of a designated person or organization agreeing to supervise the defendant;

(2) Place restrictions on the travel, association, or place of abode of the defendant during the period of release, including the holding by the court of the defendant's passport;

(3) Require the defendant to report regularly to some officer of the court or peace officer, in such manner as the court directs;

(4) Require the use of electronic monitoring of the defendant's location, the testing of the defendant for drug or alcohol use, or the installation and use of ignition interlock devices. The court may order the eligible defendant to pay all or a portion of the costs of such conditions, but the court shall consider how best to minimize the costs to the defendant and waive the costs for an eligible defendant who is indigent and who has demonstrated to the court an inability to pay all or a portion of the costs;

(5) Require the defendant to seek employment, to maintain employment, or to maintain or commence an educational program;

(6) Require the defendant to comply with a specified curfew;

(7) Require the defendant to refrain from possessing a firearm or other deadly weapon;

(8) Require the defendant to abstain from possession or use of alcohol or any controlled substance without a physician's prescription;

(9) Require the defendant to undergo available medical, psychological or psychiatric treatment, including treatment for drug or alcohol dependency and remain in a specified institution if required for that purpose;

(10) Require the defendant to return to custody for specified hours following release for employment, school, treatment, or other limited purpose;

(11) Require the defendant to be placed on home supervision with or without the use of an electronic monitoring device. The court may order the eligible defendant to pay all or a portion of the costs of the electronic monitoring, but the court shall consider how best to minimize the costs of such conditions to the defendant and waive the costs and for an eligible defendant who is indigent and who has demonstrated to the court an inability to pay all or a portion of the costs;

(12) Require the defendant to execute a monetary bond in a stated amount wherein the defendant promises to pay the court the stated amount should the defendant fail to appear or abide by the conditions of release;

(13) Require the execution of a monetary bond in a stated amount with sufficient sureties, or the deposit in the registry of the court of a sum in cash or negotiable bonds of the United States or the State of Missouri or any political subdivisions;

(14) Require the execution of a monetary bond in a stated amount and the deposit in the registry of the court of 10 percent, or such lesser sum as the court directs, of such sum in cash or negotiable bonds of the United States or the State of Missouri or any political subdivision;

(15) Require the deposit of a property bond of sufficient value as approved and directed by the court;

(16) Impose other conditions necessary to secure the appearance of the defendant at trial, or at any other stage of the proceedings, or the safety of the community or other person, including but not limited to the victims and witnesses.

(d) Should the court determine upon clear and convincing evidence that no combination of non-monetary conditions and monetary conditions will secure the safety of the community or other person, including but not limited to the victims and witnesses, then the court shall order the defendant detained pending trial or any other stage of the proceedings. A defendant so detained shall, upon written request filed after arraignment, be entitled to a trial which begins within 60 days of the defendant's request or within 60 days of an order granting a change of venue, whichever occurs later. Any request by the defendant to continue the trial beyond the 60 days shall be considered a waiver by the defendant of the right to have the trial conducted within 60 days.

(e) In determining whether to detain the defendant pursuant to subsection (d) or release the defendant with a condition or combination of conditions of release, if any, pursuant to subsection (c), the court shall, its determination on the individual circumstances of the defendant and the case. Based on available information, the court shall take into account: the nature and circumstances of the offense charged; the weight of the evidence against the defendant; the defendant’s family ties, employment, financial resources, including ability to pay, character, and mental condition; the length of the defendant’s residence in the community; the defendant’s record of convictions; the defendant's and record of appearance at court proceedings or flight to avoid prosecution or failure to appear at court proceedings; whether the defendant was on probation, parole or release pending trial or appeal at the time the offense for which the court is considering detention or release was committed; and any validated evidentiary-based risk assessment tool approved by the Supreme Court of Missouri.

(f) A court detaining or releasing the defendant under this Rule shall enter an order stating the condition or combination of conditions of release, if any, set and imposed by the court. If the defendant is detained and unable to comply with any condition of release, the defendant shall have the right to a release hearing pursuant to Rule 37.20. At any hearing conducted under Rule 37.14 to 37.32, the court shall permit but not require either party to make a record on the defendant's financial status and ability to pay any monetary condition or other relevant issue. At such hearing, the court shall also make written findings supporting the reasons for detention or conditions set and imposed. The court shall inform the defendant of the conditions set and imposed, if any, and that the conditions of release may be revoked and the defendant detained until trial or other stage of the proceedings for violation of any of the conditions of release and that a warrant for defendant's arrest may be issued immediately upon notification to the court of any such violation.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 18, 1998, effective January 1, 2000; amended December 23, 2003, effective July 1, 2004; amended June 28, 2019, effective January 1, 2020.)

First Adopted: May 14, 1985

Most Recently Effective: January 01, 2020

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.16 | Officials Authorized to Set Conditions of Release – Conditions to be Stated on Warrant

(a) The court, or clerk at the court's direction for a specific warrant, issuing a warrant for the arrest of any defendant shall state the condition or combination of conditions of release, if any, on the warrant for arrest.

(b) If the arrest of the defendant upon warrant occurs in a county other than that in which the ordinance violation occurred, the peace officer making the arrest shall promptly release the defendant in accordance with the release conditions or bail prescribed on the warrant, and shall provide the defendant with the court date upon which the defendant is required to appear; but if none, the peace officer shall take the defendant before a court in such county having jurisdiction of ordinance violations, to admit the defendant to bail in such sum as the court may determine will likely ensure appearance of the defendant. Bail, if taken by the peace officer making the arrest or if taken by a judge in such county, shall be promptly forwarded to the court from which the warrant was issued.

First Adopted: May 14, 1985

Most Recently Effective: January 01, 2020

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.17 | Arrest Without Warrant

When an arrest is made without a warrant, the peace officer may accept bond within 24 hours of arrest in accordance with a bond schedule furnished by the court having jurisdiction. If the judge has not issued an arrest warrant within 24 hours of arrest, the peace officer shall release the defendant from custody.

First Adopted: May 14, 1985

Most Recently Effective: January 01, 2020

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.18 | Officer Authorized to Accept Conditions of Release

The court that sets the conditions of release, or clerk or peace officer when authorized, may accept the conditions of release and release the defendant.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004; amended June 28, 2019, effective January 1, 2020.)

First Adopted: May 14, 1985

Most Recently Effective: January 01, 2020

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.19 | Modification of Conditions of Release

(a) Upon motion by the prosecutor or by the defendant, or upon the court’s own motion, the court, after notice to the parties and hearing, may modify the condition of release when the court finds that:

(1) New, different, or additional requirements for release are necessary;

(2) The conditions of release that have been set are excessive;

(3) The defendant has failed to comply with or has violated the conditions of release; or

(4) The defendant has been convicted of the ordinance violation charged and sentenced to confinement.

(b) When the court increases the conditions of release or new conditions of release are set and imposed, the court may remand the defendant to the custody of the corrections official until compliance with the modified conditions. If the defendant is not in custody, the court may order that a warrant for the defendant's arrest be issued.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004; amended June 28, 2019, effective January 1, 2020.)

First Adopted: May 14, 1985

Most Recently Effective: January 01, 2020

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.20 | Release Hearing

A defendant who continues to be detained after the initial appearance under Rule 37.47 shall have the defendant's detention or conditions of release reviewed at a hearing by the court that imposed them. The hearing shall occur as soon as practicable but no later than seven days, excluding weekends and holidays, after the initial appearance, absent good cause shown by the parties or the court. At the hearing, the court shall determine if the defendant shall be detained or released as provided in Rule 37.15. Nothing herein shall prohibit a defendant from making subsequent application for review of the defendant's detention or conditions of release under Rule 37.15.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004; amended June 28, 2019, effective January 1, 2020.)

First Adopted: May 14, 1985

Most Recently Effective: January 01, 2020

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.21 | Rearrest of Defendant

The court may order a warrant for the arrest of a defendant who has been released pursuant to Rule 37.15 if it shall appear to the court that:

(a) There has been a breach of any condition of release, including but not limited to failure to appear for a court ordered court appearance; or\

(b) The conditions of release should be modified or new or additional conditions imposed.

A defendant arrested and confined on a warrant under this Rule shall be entitled to a hearing forthwith, as set forth below, concerning the reasons for the issuance of the warrant. A defendant who has not previously had an initial appearance under Rule 37.47 shall be brought for an appearance, in person or by interactive video technology, before a judge of the court from which the warrant was issued, as provided by Rule 37.47. 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.

A defendant who has previously had an initial appearance under Rule 37.47 shall be brought for an appearance, in person or by interactive video technology, before a judge of the court from which the warrant was issued. This appearance shall be held no later than seven days, 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.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004; amended June 28, 2019, effective January 1, 2020.)

First Adopted: May 14, 1985

Most Recently Effective: January 01, 2020

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.22 | Relief from Inadequate or Excessive Conditions of Release

(a) If a court shall fail to set conditions for release or shall set inadequate or excessive conditions, an application may be filed in the appropriate court by the defendant or by the prosecutor stating the grounds for the application and the relief sought. A copy of the application and the notice of the time when it will be presented to the court shall be served on all parties.

(b) If the appropriate court finds that the defendant is entitled to be released and that no conditions of release have been set or the conditions are excessive or inadequate, the court shall make an order setting or modifying conditions for the release of the defendant.

(c) At the time of complying with the conditions of release set by the appropriate court, the defendant shall file with the clerk a signed and acknowledged written instrument in which the defendant shall specify the post office address to which all notices in connection with the case thereafter may be mailed. Proof of mailing notice to the defendant at that address shall constitute sufficient notice to the defendant in all cases where notice is required under this Rule 37.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004; amended June 28, 2019, effective January 1, 2020.)

First Adopted: May 14, 1985

Most Recently Effective: January 01, 2020

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.23 | Transmittal of Record by Clerk of the Releasing Court

When any defendant is released by a court other than the court in which the defendant is to appear, the clerk of the releasing court shall transmit a record of the release, together with any conditions of release imposed, to the clerk of the court in which the defendant released is required to appear.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004; amended June 28, 2019, effective January 1, 2020.)

First Adopted: May 14, 1985

Most Recently Effective: January 01, 2020

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.24 | Bonds – Where Filed – Certification by Peace Officer – Cash Bonds

All bonds shall be filed by the clerk of the court in which the defendant is required to appear. All bonds taken by a peace officer shall be certified by such officer and transmitted to the clerk of the court in which the defendant is required to appear. When cash or securities specified in Rule 37.15 are taken, they shall be delivered to the clerk of the court in which the defendant is required to appear and deposited in the registry of the court.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004; amended June 28, 2019, effective January 1, 2020.)

First Adopted: May 14, 1985

Most Recently Effective: July 01, 2004

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.25 | Surrender of Principal by Surety

Whenever the surety upon any bond shall desire to surrender the principal, the surety may procure from the clerk a certified copy of said bond, by virtue of which such surety, or any person authorized by the surety, may take the principal into custody. If a bond is forfeited for the failure of the principal to appear as required by the bond and the surety produces the principal prior to the rendition of judgment upon the forfeiture and the surety pays all costs and expenses caused by the principal’s failure to appear, the surety is discharged from further liability. When surrendering the principal to the peace officer, the surety must deliver a certified copy of the bond and the peace officer shall take the principal into custody and acknowledge acceptance of the principal in writing. Any principal so surrendered may be conditionally released pursuant to Rule 37.15.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004.)

First Adopted: May 14, 1985

Most Recently Effective: July 01, 2004

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.26 | Bonds – Forfeiture – Procedural Notice – Judgment – Setting Aside Forfeiture

If there is a breach of a condition of a bond, the court in which the case is pending may declare a forfeiture of the bond. The court may direct that a forfeiture be set aside upon such conditions as the court may impose, if it appears that justice does not require the enforcement of the forfeiture. When a forfeiture has not been set aside, the court on the prosecutor’s motion may enter a judgment of default and execution may issue thereon.

By entering into a bond the obligors submit to the jurisdiction of the court in which the defendant is required to appear and irrevocably appoint the clerk as their agent upon whom any papers affecting their liability may be served. Their liability may be enforced on the prosecutor’s motion without the necessity of an independent action. The motion and notice of the hearing as the court prescribes may be served on the clerk, who shall forthwith mail a copy to each of the obligors.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004.)

First Adopted: May 14, 1985

Most Recently Effective: July 01, 2004

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.27 | Bond – Release of Obligors

When the conditions of the bond have been satisfied the court shall release the obligors. When a forfeiture of the bond is set aside, the court may release the obligors. Any surety may be released upon depositing cash in the amount of the bond or by a timely surrender of the defendant.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004.)

First Adopted: May 14, 1985

Most Recently Effective: July 01, 2004

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.28 | Notice of Change of Address

Any defendant who has been released pending further proceedings and any surety for such defendant shall give written notice to the clerk of the court in which the case is pending of any change of address.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004.)

First Adopted: May 14, 1985

Most Recently Effective: January 01, 2007

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.29 | Bonds – Surety, Individual – Qualifications

A person shall not be accepted as a surety on any bail bond unless the person:

(a) Is reputable, at least twenty-one years of age and a resident of the State of Missouri;

(b) Has net assets with a value in excess of exemptions at least equal to the amount of the bond that are subject to execution in the State of Missouri;

(1) Any felony of this state or the United States; or

(2) Any other crime of this state or the United States involving moral turpitude, whether or not a sentence was imposed;

(d) Has no outstanding forfeiture or unsatisfied judgment thereon entered upon any bail bond in any court of this state or of the United States.

A lawyer, or an elected or appointed official or employee of the State of Missouri or any county or other political subdivision thereof shall not be accepted as a surety on any bail bond, except that, this disqualification shall not apply if the principal is the spouse, child or family member of the surety.

If there is more than one surety, the aggregate net worth of the sureties in excess of exemptions shall be at least equal to the amount of the bond.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004; amended May 30, 2006, effective January 1, 2007.)

First Adopted: May 14, 1985

Most Recently Effective: July 01, 2004

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.30 | Compensated Surety – Affidavit of Justifications – Additional Investigation – Approval

If the surety has on file an affidavit relating to all bonds in force on the first day of the then current calendar month, the separate affidavit as to other bonds executed during such calendar month may be limited to the requirements of Rule 37.30(e) and appropriate reference shall be made therein to the separate affidavit of qualification currently relied upon to establish the surety’s qualifications. The judge, clerk or officer who is authorized to take and approve the bond shall administer the oath to such affidavit. The affidavit shall be on a suitable form, which shall be provided. In addition to the matters specified in Rule 37.29, it shall contain:

(a) An accurate legal description of the real estate that the surety proposes to justify as to the surety’s sufficiency, together with a description of the improvements located thereon, and the location of the property by street address if it is located in a city or town;

(b) The latest assessed value of such property;

(c) An accurate description of the personal property that the surety proposes to justify as to the surety’s sufficiency and a statement of its reasonable market value;

(d) A list of all bail bonds upon which the surety is surety and upon which the surety’s obligation remains undischarged, the amount of each bond, the name of the principal or defendant, the ordinance violation charged, and the court in which such bond is pending; and

(e) A statement whether or not the surety or anyone for the surety’s use has been promised or has received any consideration or security for suretyship, and if so, the nature and amount thereof, and the name of the person by whom such promise was made or from whom such security or consideration was received.

The judge, clerk, or officer to whom such affidavit of justification is submitted may make such additional investigation concerning the qualifications of the surety as thought to be necessary and, for this purpose, shall have authority to administer all necessary oaths.

No bond shall be approved unless the surety thereon appears to be qualified under the requirements of Rule 37.14 to 37.32, inclusive.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004.)

First Adopted: May 14, 1985

Most Recently Effective: July 01, 2004

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.31 | Bonds – Affidavit of Justification – Record

When a surety is accepted upon a bond, the surety shall execute an affidavit of justification that shall be attached to the bond and filed therewith by the clerk of the court in accordance with the provisions of Rule 37.24. A duplicate copy of such affidavit shall be preserved in a separate file in the office of the clerk of the court in which such bond is first filed, indexed alphabetically by the names of the sureties. Such file shall be open to the inspection of any interested person.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004.)

First Adopted: May 14, 1985

Most Recently Effective: July 01, 2004

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.32 | Bond – Surety Company and Agent – Qualifications

(a) Any corporation qualified under the provisions of section 379.010, RSMo, including the requirement that it produce evidence of its solvency satisfactory to the court, shall be qualified to act as a surety upon any bail bond taken under the provisions of this Rule 37. Any such bond shall be executed by a surety company in the manner provided by law.

(b) An agent acting on behalf of such a corporation shall be subject to the qualifications set forth in Rule 37.29(a), (c) and (d) and, in addition, shall be licensed as a bail bond agent as required by law.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 17, 1985, effective January 1, 1987; amended December 18, 1998, effective January 1, 2000; amended December 23, 2003, effective July 1, 2004.)

First Adopted: May 14, 1985

Most Recently Effective: May 01, 2019

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.33 | Violations Notice – Contents

(a) A violation notice shall be in writing and shall:

(1) State the name and address of the court;

(2) State the court date and time for initial appearance;

(3) State the name of the prosecuting county or municipality;

(4) State the name and date of birth of the accused or, if not known, designate the accused by any name or description by which the accused can be identified with reasonable certainty;

(5) State the date and place of the ordinance violation as definitely as can be done;

(6) State the facts that support a finding of probable cause to believe the ordinance violation was committed and that the accused committed it;

(7) State that the facts contained therein are true;

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

(9) Cite the chapter and section of the ordinance alleged to have been violated and the chapter and section that fixes the penalty or punishment;

(10) State other legal penalties prescribed by law may be imposed for failure to appear and dispose of the violation; and

(11) State the Missouri charge code if one exists.

(b) When a violation has been designated by the court to be within the authority of a local violations bureau pursuant to Rule 37.49, the accused shall also be provided the following information:

(1) The specified fine and costs for the violation; and

(2) That a person must respond to the violation notice by:

(A) Paying the specified fine and court costs; or

(B) Pleading not guilty and appearing at trial.

(c) The violation notice shall be substantially in the form of the Uniform Citation set out in Form 37.A, with such additions as may be necessary to adapt the Uniform Citation to the jurisdiction involved.

First Adopted: May 14, 1985

Most Recently Effective: January 01, 2019

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.34 | Ordinance Violations – Information

All ordinance violations shall be prosecuted by information. An information charging the commission of an ordinance violation may be based on the prosecutor’s information and belief that the ordinance violation was committed. The information shall be supported by a violation notice or statement of probable cause as prescribed by Rule 37.

First Adopted: May 14, 1985

Most Recently Effective: January 01, 2019

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.35 | Information – Form of – Contents

(a) The information shall be in writing, signed by the prosecutor and filed in the court having jurisdiction of the ordinance violation.

(b) The information shall:

(1) 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;

(2) State plainly, concisely, and definitely the essential facts constituting the ordinance violation charged, including facts necessary for any enhanced punishment;

(3) State the date and place of the ordinance violation charged as definitely as can be done;

(4) Cite the chapter and section of the ordinance alleged to have been violated and the chapter and section providing the penalty or punishment; and

(5) Cite the state approved charge code if one exists.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004; amended June 29, 2018, effective January 1, 2019.)

First Adopted: May 14, 1985

Most Recently Effective: July 01, 2004

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.36 | Information – Joinder of Violations

All ordinance violations that are of the same or similar character or based on the same act or on two or more acts that are part of the same transaction or on two or more acts or transactions that are connected or that constitute parts of a common scheme or plan may be charged in the same information in separate counts.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004.)

First Adopted: May 14, 1985

Most Recently Effective: July 01, 2004

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.37 | Information – Joinder of Defendants

Two or more defendants may be charged in the same information if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an ordinance violation or violations. Such defendants may be charged in one or more counts together or separately, and all of the defendants need not be charged in each count.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004.)

First Adopted: May 14, 1985

Most Recently Effective: July 01, 2004

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.38 | Information – Incorrect Name of Defendant

Any defendant charged in an information under an incorrect name may furnish the defendant’s correct name, and the correct name shall be substituted in the information. The defendant’s failure to furnish the correct name shall not invalidate the proceedings.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004.)

First Adopted: May 14, 1985

Most Recently Effective: July 01, 2004

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.39 | Information – Amendment – Delay

Any information charging an ordinance violation may be amended at any time before verdict or finding if:

(a) No additional or different ordinance violation is charged, and

(b) A defendant’s substantial rights are not thereby prejudiced.

No such amendment shall cause delay of a trial unless the court finds that a defendant needs further time to prepare a defense by reason of such amendment.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004.)

First Adopted: May 14, 1985

Most Recently Effective: July 01, 2004

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.40 | Information – Unavailability of Original

If the original information is unavailable for any reason, a copy, certified by the clerk or by the prosecutor, may be substituted.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004.)

First Adopted: May 14, 1985

Most Recently Effective: July 01, 2004

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.41 | Information – Nonprejudicial Defects

An information shall not be invalid, nor shall the trial, judgment, or other proceedings on the information be stayed, because of any defect that does not prejudice the substantial rights of the defendant.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004.)

First Adopted: May 14, 1985

Most Recently Effective: January 01, 2020

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.42 | Summons – Contents

The summons shall:

(a) Be in writing and in the name of the prosecuting county or municipality;

(b) State the name of the defendant summoned and the address, if known;

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

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

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004; amended June 28, 2019, effective January 1, 2020.)

First Adopted: May 14, 1985

Most Recently Effective: January 01, 2020

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.43 | Ordinance Violation – Summons or Arrest Warrant – When Issued – Failure to Appear

When an information charging the commission of an ordinance violation and a statement of probable cause are filed pursuant to Rule 37, a summons shall be issued unless the court finds that there are:

(a) Sufficient facts stated to show probable cause that an ordinance violation has been committed, and

(b) Reasonable grounds for the court to believe that the defendant will not appear upon the summons, or a showing has been made to the court that the defendant poses a danger to a victim, the community, or any other person.

If the court so finds, a warrant for the arrest of the defendant may be issued. 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 prosecutor, the factors set forth in Rule 37.15(e) when setting the condition or combination of conditions of release, if any, required by Rule 37.15(b) and allowed by Rule 37.15(c).

(Adopted May 14, 1985, effective January 1, 1986. Amended June 16, 1998, effective July 1, 1999; amended December 23, 2003, effective July 1, 2004; amended June 29, 2018, effective January 1, 2019; amended December 18, 2018, effective January 1, 2019; amended June 28, 2019, effective January 1, 2020.)

First Adopted: June 29, 2018

Most Recently Effective: January 01, 2020

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.435 | Statement of Probable Cause

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 ordinance violation as definitely as can be done;

(c) State the facts that support a finding of probable cause to believe an ordinance violation 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 the summons or the defendant poses a danger to a victim, the community, or any other person;

(e) State the facts contained therein are true;

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

(g) Shall accompany an information when an arrest warrant is sought.

(Adopted June 29, 2018, effective January 1, 2019. Amended December 18, 2018, effective January 1, 2019; amended June 28, 2019, effective January 1, 2020.)

First Adopted: May 14, 1985

Most Recently Effective: July 01, 2004

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.44 | Summons – 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 by 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 an ordinance violation has been committed, the court may issue an arrest warrant.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004.)

First Adopted: May 14, 1985

Most Recently Effective: January 01, 2020

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.45 | Warrant for Arrest – Contents

(a) The warrant for arrest must be in writing and issued in the name of the prosecuting county or municipality. 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 ordinance violation charged in the information;

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

(4) Command that the defendant named or described therein be arrested and brought, 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 37.15(b) and allowed by Rule 37.15(c), or the determination made under Rule 37.15(d); and

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

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004; amended June 28, 2019, effective January 1, 2020.)

First Adopted: May 14, 1985

Most Recently Effective: January 01, 2020

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.46 | Warrant for Arrest – Service

All warrants ordered for an ordinance violation may be directed to any peace officer in the state.

The warrant shall be executed by the arrest of the defendant.

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 ordinance violation charged and the fact that a warrant has been issued.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004; amended June 28, 2019, effective January 1, 2020.)

First Adopted: May 14, 1985

Most Recently Effective: January 01, 2020

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.47 | Initial Proceedings before a Judge

(a) Initial Appearance Under Warrant Before Judge. A defendant arrested and confined under the initial warrant for any ordinance violation issued pursuant to Rule 37.43 shall be brought forthwith for an appearance, 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.

(b) Statement of Judge. Upon the defendant’s initial appearance, the judge shall inform the defendant of:

(1) The ordinance violation charged,

(2) The right to retain counsel,

(3) The right to request the appointment of counsel if:

(A) The defendant is indigent and unable to employ counsel, and

(B) There is a possibility of a jail sentence, and

(4) The right to remain silent.

(c) 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 37.19.

(d) 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 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 37.20.

(e) 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.

The judge shall also inform the defendant that any statement made by the defendant may be used against the defendant.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004; amended June 28, 2019, effective January 1, 2020.)

First Adopted: May 14, 1985

Most Recently Effective: January 01, 2020

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.48 | Arraignment

Arraignment shall be conducted in open court and shall consist of reading the information to the defendant or stating the substance of the charge and calling on the defendant to plead thereto. The defendant shall be afforded a reasonable time to examine the charge before the defendant is called upon to plead.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004; amended June 28, 2019, effective January 1, 2020.)

First Adopted: May 14, 1985

Most Recently Effective: January 01, 2022

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.49 | Local Violations Bureau – Violations Clerk – Schedule of Fines – Payment

(a) Any judge having original jurisdiction of any animal control, housing, traffic, or other ordinance violation may establish by court order a local violations bureau, which shall be subject to the supervision of the circuit court.

(b) The order shall designate a clerk. The clerk shall perform the duties designated by the court, including accepting appearance, waiver of trial, plea of guilty, and payment of fine and costs for the designated violations, entering the plea on the record, and transmitting the violation record as required by law, subject to the limitations hereinafter prescribed.

(c) The violations within the authority of the bureau shall be designated by the order. The order shall include all violations contained in the uniform fine schedule established by Rule 37.495, except those that are not offenses within the respective municipality or county. No other violation shall be included in the order. Such designated violations may be amended from time to time but shall in no event include the following:

(1) Any individual violation submitted by the prosecutor for disposition through a court appearance;

(2) Any individual violation for which the court orders a summons to be issued;

(3) Any violation resulting in personal injury or property damage;

(4) Any violation for operating a motor vehicle while intoxicated or under the influence of intoxicants or drugs;

(5) Any violation for operating a vehicle with a counterfeited, altered, suspended, or revoked license;

(6) Any violation for fleeing or attempting to elude an officer; and

(7) Any other violation excluded by law.

(d) For those violations included within the authority of the bureau by virtue of an order pursuant to Rule 37.49(a) and

(c) the order shall adopt the uniform fine schedule established by Rule 37.495. The schedule shall be prominently posted at the place where the fines are to be paid, and shall specify by schedule the amount of fines and costs to be imposed for each violation.

(e) Any person charged with a violation designated within the order may pay the specified amount of the fine and costs to the bureau:

(1) through an electronic payment system authorized in the order;

(2) in person; or

(3) by mail.

Full payment received before the court date and time for initial appearance constitutes a guilty plea and waiver of trial. Full payment received on or after the initial appearance date and time may, in the court's discretion, be accepted as a guilty plea and waiver of trial.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 18, 1998, effective January 1, 2000; amended December 23, 2003, effective July 1, 2004; amended June 29, 2018, effective January 1, 2019; amended October 15, 2019, effective May 1, 2019; amended June 25, 2019, corrected December 24, 2019, effective January 1, 2020; amended June 29, 2021, effective January 1, 2022.)

First Adopted: October 15, 2018

Most Recently Effective: January 01, 2022

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.495 | The Uniform Fine Schedule

The committee shall promulgate and maintain the uniform fine schedule for animal control, housing, traffic, and other ordinance violations disposed through a Rule 37 violations bureau. The schedule shall be filed with the clerk of the Court.

(Adopted October 15, 2018, effective May 1, 2019. Amended June 29, 2021, effective January 1, 2022.)

First Adopted: May 14, 1985

Most Recently Effective: July 01, 2004

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.50 | Right to Counsel – Appointment of Counsel

In a prosecution for an ordinance violation, the defendant shall have the right to appear and defend in person and by counsel.

If any person charged with an ordinance violation, whose conviction would possibly result in confinement, shall be without counsel upon a first appearance before a judge, it shall be the duty of the judge to advise the defendant of the right to counsel and of the willingness of the judge to appoint counsel to represent the defendant if the defendant is unable to employ counsel. Upon a showing of indigency, it shall be the duty of the judge to appoint counsel to represent the defendant.

If, after being informed of the right to counsel, the defendant requests to proceed without the benefit of counsel and the judge finds that the defendant has knowingly, voluntarily and intelligently waived the defendant’s right to have counsel, the judge shall have no duty to appoint counsel. If at any stage of the proceedings it appears to the judge before whom the matter is then pending that because of the gravity of the ordinance violation charged and other circumstances affecting the defendant the failure to appoint counsel may result in injustice to the defendant, the judge shall then appoint counsel. Appointed counsel shall be allowed a reasonable time in which to prepare the defense.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004.)

First Adopted: May 14, 1985

Most Recently Effective: July 01, 2004

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.51 | Pleadings and Motions before Trial – Defenses and Objections – Hearing on Motion

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

(b) Motion Raising Defenses and Objections.

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

(2) Defenses and Objections That Must Be Raised. Defenses and objections based on defects in the institution of the prosecution or in the information other than that it fails to show jurisdiction in the court or to charge an ordinance violation 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.

(3) Time of Making Motion. The motion shall be made before the plea is entered, but the judge 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 prosecutor or the defendant, unless the court orders that the hearing and determination be deferred until the trial.

(5) Matters That Shall Be Noticed by the Court. Lack of jurisdiction or the failure of the information to charge an ordinance violation shall be noticed by the court at any time during the pendency of the proceeding.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004.)

First Adopted: May 14, 1985

Most Recently Effective: July 01, 2004

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.52 | Motions to Suppress

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

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004.)

First Adopted: May 14, 1985

Most Recently Effective: January 01, 2019

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.53 | Disqualification and Change of Judge

(a) This Rule 37.53 governs the procedure for disqualification of a judge in all ordinance violation cases, except those heard de novo or those in which there is a timely exercise of a right to a jury trial.

(b) Without Application. The judge shall recuse:

(1) When the judge is related to any defendant, when the judge has an interest in the case, or when the judge previously has been counsel in the case or

(2) When the attorney representing the prosecuting county or municipality in the case regularly serves as a judge in another municipal division located within the same county before whom the judge regularly represents a prosecuting county or municipality.

(c) With Application – Procedure. A change of judge shall be ordered upon the filing of a written application therefor by any party. The applicant need not allege or prove any reason for such change.

The application need not be verified and may be signed by any party or an attorney for any party.

The application must be filed not later than ten days after the initial plea is entered.

If the designation of the trial judge occurs less than ten days before trial, the application may be filed any time prior to trial. If the designation of the trial judge occurs more than ten days after the initial plea is entered, the application shall be filed within ten days of the designation of the trial judge or prior to the commencement of any proceeding on the record, whichever is earlier.

No party shall be allowed more than one change of judge pursuant to this Rule 37.53(c). However, no party shall be precluded from requesting any change of judge for cause at any time.

(d) When a timely application for a change of judge is filed or a judge recuses, the judge shall:

(1) Comply with any circuit court rule that provides for the assignment of a judge; or

(2) Notify the presiding judge of the circuit who shall designate a judge to hear the case or request this Court to transfer a judge to hear the case.

(e) If an associate circuit judge or a circuit judge is designated to try the case, the designated judge shall determine the location of the trial at a place within the county.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004; amended June 27, 2016, effective January 1, 2017; amended June 29, 2018, effective January 1, 2019.)

First Adopted: May 14, 1985

Most Recently Effective: July 01, 2004

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.54 | Discovery

Discovery shall be permitted solely in the judge’s discretion as justice requires.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004.)

First Adopted: May 14, 1985

Most Recently Effective: July 01, 2004

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.55 | Process for Witnesses – Subpoena Duces Tecum – Service – Return – Failure to Appear – Hearing Continuance – Contempt

The prosecutor and the defendant shall be entitled to process for witnesses as follows:

(a) For Attendance of Witnesses; Form; Issuance. A subpoena shall be issued by the clerk under the seal of the court. It shall state the name of the court and the title of the proceedings and shall command each person to whom it is directed to attend and give testimony at the time and place specified therein.

The clerk shall issue a subpoena, signed and sealed but otherwise in blank to a party requesting it, who shall fill in the blanks before it is served.

(b) For Production of Documentary Evidence and of Objects. A subpoena duces tecum may also command the person to whom it is directed to produce the books, papers, documents, or other objects designated therein.

(c) Modification of Subpoena. The court may quash or modify a subpoena if compliance would be unreasonable or oppressive.

The court may direct that books, papers, documents, or objects designated in a subpoena duces tecum be produced before the court at a time prior to the trial or prior to the time when they are offered in evidence. Upon their production the court may permit the books, papers, documents, or objects, or portions thereof to be inspected by the parties or their attorneys.

(d) Service – Tender of Fees and Mileage Not Required. A subpoena may be served by any peace officer or by any other person who is not a party and who is not less than 18 years of age. A subpoena may be served any place within the state.

Fees and mileage need not be tendered to the witness upon service of a subpoena.

The service of a subpoena shall be by reading the same or delivering a copy thereof to the person to be summoned. If the witness shall refuse to hear such subpoena read or to receive a copy thereof, the offer of the officer or other person to read the same or to deliver a copy thereof and such refusal shall be sufficient service of such subpoena.

(e) Return.

(1) Every officer to whom a subpoena is delivered for service shall make return thereof in writing as to the time, place, and manner of service of the subpoena, and shall sign the return.

(2) If a person other than an officer makes service of the subpoena, he or she shall make affidavit as to the time, place, and manner of service.

(f) Contempt. Any person who does not obey a subpoena without good cause shall be subject to contempt of court proceedings.

(g) Continuing Obligation to Attend. Whenever a witness in a proceeding has been once subpoenaed or required to give bail to appear before the court, the witness shall attend from time to time until the case is disposed or the witness is finally discharged by the judge. The witness shall be liable to attachment and bail may be forfeited for failure to appear if the witness has received notice of the time and place to appear.

If the trial is continued, the judge shall orally notify such witnesses present as either party requests to attend on the new date set for hearing to give testimony. The oral notice shall be valid as a summons. The names of the witnesses so notified shall be entered on the docket.

It shall be the sole responsibility of the respective parties or their attorneys to notify any witnesses not orally notified by the judge of the new date set for hearing, and court process shall be provided for such purpose when requested.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004.)

First Adopted: May 14, 1985

Most Recently Effective: July 01, 2004

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.56 | Continuances

The prosecution and defense in each case shall have the right to a speedy trial. Continuances may be granted for good cause shown.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004.)

First Adopted: May 14, 1985

Most Recently Effective: January 01, 2019

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.57 | Presence of Defendant – When Required

(a) No trial shall be conducted or a plea of guilty entered unless the defendant is present, except the court, the prosecuting attorney, and the defendant may agree that the defendant need not be present.

(b) A verdict may be received by the court in the absence of the defendant when such absence is voluntary.

(c) If there is a record entry showing that the defendant was present at the commencement or at any stage of the trial, it shall be presumed, in the absence of any record entry to the contrary, that he was present during the entire trial.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004; amended June 29, 2018, effective January 1, 2019.)

First Adopted: May 14, 1985

Most Recently Effective: January 01, 2019

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.58 | Pleas

(a) Alternatives. A defendant may plead not guilty or guilty. 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 37.49 or Rule 37.57, before accepting a plea of guilty, the judge shall inform the defendant of 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) The defendant’s right to be represented by an attorney and that the judge will appoint an attorney for the defendant if defendant is indigent and if it appears to the judge that there would possibly be a jail sentence upon conviction; and

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

(4) The defendant's right to plead not guilty or to persist in that plea if it has already been made.

The judge shall further inform defendant of any right to a jury trial, the right to present witnesses on behalf of the defendant, that defendant has the right to confront and cross-examine witnesses against defendant, that defendant has the right to testify and that nobody can compel defendant to testify.

The judge shall determine whether the defendant understands, upon oral or written information provided, the matters presented.

(c) Ensuring That the Plea is Voluntary. Except as provided by Rule 37.49 or Rule 37.57, the judge shall not accept a plea of guilty unless the judge finds that said plea is knowingly, voluntarily, and intelligently made and not the result of force or threats or promises.

(d) Waiver of Counsel. If the defendant would possibly receive a jail sentence upon conviction, the judge shall determine, before accepting the defendant’s plea of guilty or not guilty, that the defendant has made a knowledgeable, voluntary, and intelligent waiver of the right to assistance of counsel.

Prior to making the finding, the judge shall review with the defendant a written waiver of counsel.

If the judge finds the waiver is knowingly, voluntarily, and intelligently made, the waiver shall be signed by the defendant, witnessed by the judge or the clerk at the judge’s direction, and appropriately recorded. The written waiver of counsel shall be substantially in the form as set out in Form 37.C.

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

(1) In General. The prosecutor and the attorney for the defendant or the defendant 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 ordinance violation or to a lesser or related ordinance violation, the prosecutor 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 sentence with the understanding that such recommendation or request shall not be binding on the judge; or

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

(2) Disclosure of Plea Agreement – Court’s Actions Thereon. If the parties have reached a plea agreement, the judge shall require the disclosure of the agreement 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 37.58(e)(1)(B), the judge shall advise the defendant that the plea cannot be withdrawn if the judge does not adopt the recommendation or request. Thereupon the judge may accept or reject the agreement or may defer a 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 judge accepts the plea agreement, the judge shall inform the defendant that the judge will embody in the judgment and sentence the disposition provided for in the plea agreement.

(4) Rejection of a Plea Agreement. If the judge rejects the plea agreement, the judge shall inform the parties of this fact, advise the defendant personally in open court or, on a showing of good cause, in camera that the judge is not bound by the plea agreement, afford the defendant the opportunity to then withdraw the plea if it is based on an agreement pursuant to Rule 37.58(e)(1)(A), (C), or (D), and advise the defendant that if the 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 subdivision, evidence of a plea of guilty, later withdrawn, or of offer to plead guilty to the ordinance violation charged or of any other ordinance violation, 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 ordinance violation charged or any other ordinance violation, is admissible in a criminal proceeding for perjury or false statement if the statement was made by the defendant under oath and in the presence of counsel.

(f) Determining Accuracy of Plea. The judge shall not enter a judgment upon a plea of guilty without first determining that there is a factual basis for the plea.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004; amended June 29, 2018, effective January 1, 2019.)

First Adopted: May 14, 1985

Most Recently Effective: July 01, 2004

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.59 | [RESERVED]

(Adopted May 14, 1985, effective January 1, 1986. Reserved December 23, 2003, effective July 1, 2004.)

First Adopted: May 14, 1985

Most Recently Effective: July 01, 2004

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.60 | Severance

If two or more defendants are charged in an 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.

If a defendant is charged with more than one ordinance violation in the same information, the violations shall be tried jointly unless the court orders a violation to be tried separately. A violation 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 violation 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 violation.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004.)

First Adopted: May 14, 1985

Most Recently Effective: January 01, 2019

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.61 | Trials – Issues of Fact – Jury – Cerification

(a) All trials of ordinance violations shall be held in open court in an orderly manner according to law.

(b) If practical, traffic cases shall be heard and tried separately from other types of cases. Where a particular session of court has been designated a traffic case session, only traffic cases shall be tried except for good cause shown.

(c) The judge shall determine all issues of fact in ordinance violation cases unless a jury trial is authorized by law and requested by the defendant.

(d) A request for a jury trial shall be made by motion filed at least ten days prior to the scheduled trial date. If the designation of the trial date occurs less than ten days before trial, the application may be filed any time prior to trial. The judge shall promptly rule on a motion for jury trial. If the motion is sustained, the case shall be certified to the presiding judge for assignment for trial by jury unless otherwise provided by statute.

(e) All jury trials shall proceed in the manner provided for the trial of a misdemeanor by the rules of criminal procedure.

(f) If the defendant files a written motion requesting to waive a jury trial and attaches a waiver of the right to a jury trial, the case shall be remanded to the municipal division for further proceedings unless the judge finds such remand would be unfair to the parties.

(Adopted May 14, 1985, eeffective January 1, 1986. Amended December 18, 1998, effective January 1, 2000; amended December 23, 2003, effective July 1, 2004; amended June 29, 2018, effective January 1, 2019.)

First Adopted: May 14, 1985

Most Recently Effective: January 01, 2019

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.62 | Order of Trial

The order of trial in nonjury ordinance violation cases shall be as follows:

(a) The prosecutor may make an opening statement. The defendant may make an opening statement or reserve it.

(b) The prosecutor shall offer evidence.

(d) The defendant may make an opening statement, if reserved.

(e) Evidence may be offered on behalf of the defendant.

(f) The parties, respectively, may offer evidence in rebuttal.

(g) The defendant may move for judgment of acquittal.

(h) The court may fix the length of time for arguments and shall announce it to counsel. The prosecutor shall make the opening argument, the attorney for the defendant shall make an argument, and the prosecutor shall conclude the argument. Each party may waive the right to argument.

(i) The judge pronounces judgment.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004; amended June 29, 2018, effective January 1, 2019.)

First Adopted: May 14, 1985

Most Recently Effective: July 01, 2004

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.63 | Failure of Defendant or Defendant’s Spouse to Testify

(a) If the defendant shall not avail himself or herself of the right to testify or of the testimony of the wife or husband on the trial in the case, it shall not be construed to affect the innocence or the guilt of the defendant nor shall the same raise any presumption of guilt, nor be referred to by any party or attorney in the case, nor be considered by the court or jury before whom the trial takes place.

(b) If the defendant does not testify and the defendant so requests, but not otherwise, the court shall instruct the jury in writing as follows:

“Under the law, a defendant has the right not to testify. No presumption of guilt may be raised and no inference of any kind may be drawn from the fact that defendant did not testify.”

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004.)

First Adopted: May 14, 1985

Most Recently Effective: January 01, 2019

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.64 | Sentence and Judgment

(a) Pre-sentence Investigation.

(1) When Made. When a probation or parole officer is available to the judge and upon the direction of the judge, the officer shall make a pre-sentence investigation and report to the judge before the imposition of sentence or the granting of probation. The report shall be submitted to the court only after the defendant has pleaded guilty or has been found guilty.

(2) Report. The report of the pre-sentence investigation shall contain such information as the judge shall request. Before making any authorized disposition, the judge, upon request of defendant or the attorney for defendant, shall allow the defendant and the attorney for the defendant access to the complete pre-sentence investigation report and recommendations.

(b) Sentence. Sentence shall be imposed without unreasonable delay. A defendant must be personally present when sentence and judgment are pronounced unless the judge, the prosecutor, and the defendant consent to the absence of the defendant.

(c) Notification of Right to Trial De Novo. After imposing sentence, the judge shall advise the defendant of any right to trial de novo and the right of a defendant who is unable to pay the cost the right to proceed as an indigent.

(d) Judgment. A judgment of conviction shall set forth the plea, the verdict or findings, and the adjudication and sentence. If the defendant is found not guilty or for any other reason is entitled to be discharged, judgment shall be entered accordingly.

(e) Probation and Parole. If authorized by law, the judge may suspend the imposition of sentence or execution of sentence and place the defendant on probation or parole for a term not to exceed two years.

(f) Stay of Sentence. The court in which any judgment, whether of incarceration or fine, was rendered may grant, by an order entered of record and signed by the judge, a stay of execution upon such judgment or portion thereof for a specified period or periods of time. The judge may require the defendant to enter into a bond conditioned upon surrender of the defendant in execution upon such judgment on a day to be specified in such order.

(g) Conviction of Two or More Sentences. When pronouncing sentence, the judge shall state whether the sentence shall run consecutively or concurrently with sentences on one or more ordinance violations for which defendant is being sentenced or for which defendant has been previously sentenced. If the judge fails to do so at the time of pronouncing the sentences, the respective sentences shall run concurrently.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004; amended December 18, 2018, effective Jan. 1, 2019.)

First Adopted: May 14, 1985

Most Recently Effective: January 01, 2019

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.65 | Imposition and Payment of Fines, Fees, and Costs, and Contempt Proceedings

(a) Judicial Inquiry as to Ability to Pay. When a fine, fee, or cost is assessed, or thereafter any time a fine, fee, or cost is due, if the defendant states the defendant is unable to pay the amount then due, the judge shall inquire as to the defendant's ability to pay.

(b) Defendant Has Ability to Pay But Unable to Pay when Assessed or Due. If the judge finds the defendant has the ability to pay but is unable to pay the amount when assessed or due, the judge shall order a stay of execution on the payment and:

(1) Grant the defendant a specified period of time within which to pay the fine in full; or

(2) Provide for the payment of the fine on an installment basis under such terms and conditions as the judge may deem appropriate.

(c) Defendant Has No Ability to Pay. If the judge finds the defendant does not have the ability to pay the amount when assessed or due and is unable to acquire the resources to pay, the judge shall, after consideration of the violation, the defendant's financial circumstances, disabilities, driving restrictions, transportation limitations, and caregiving and employment responsibilities, impose alternative sanctions that may include, but are not limited to:

(1) Waiver or suspension of imposition of any fine, fee, or cost or of the amount previously assessed and due;

(2) Imposition of a lower amount of any fine, fee, or cost or reduction of the amount previously assessed and due;

(3) Community service in lieu of any fine, fee, or cost; or

(4) Court-approved programs, e.g., driver skills, education, job skills, mental health or drug treatment in lieu of any fine, fee, or cost.

(d) Show Cause Order Requirements. When a defendant defaults in the payment of the fine, fee, or cost or fails to perform an ordered alternative sanction, the judge may issue an order to show cause for criminal contempt consistent with the due process requirements of Rule 36.01(b) on the motion of the prosecuting attorney or on the judge's own motion. The order to show cause for criminal contempt shall include:

(1) The hearing date, time and location;

(2) The total amount claimed past due or alternative sanction ordered but not performed;

(3) Notice to the defendant that:

(i) If the show cause order was issued for failure to pay, the judge shall evaluate the defendant's ability to pay at the hearing and the defendant should bring any documentation or information the judge should consider in determining ability to pay;

(ii) If the defendant is unable to pay the defendant can request a payment alternative, including, but not limited to, community service and/or a reduction of the amount due;

(iii) The defendant may have the right to have counsel appointed if indigent; and

(iv) Incarceration for failure to pay may result only if alternative measures are not adequate to meet the municipality's or county's interest in punishment and deterrence or the judge finds the defendant had the ability to pay and willfully failed to do so.

(e) Summons or Arrest Warrant. The court shall issue a summons for the defendant's appearance on the order to show cause unless the defendant has previously failed to appear at a prior court date in the case. The summons shall have the order to show cause attached and may be served by the clerk mailing it to the defendant's last known address by first class mail. In the event the defendant has previously failed to appear or fails to appear on the summons, the court may issue a warrant to secure the defendant's appearance for a hearing on the order to show cause. Upon arrest, defendant is entitled to be conditionally released as provided in these rules.

(f) Incarceration after Hearing and Written Findings. A judge may not incarcerate the defendant for nonpayment of a fine, fee, or cost unless the judge holds a hearing, with adequate notice to the defendant, and makes one of the following written findings:

(1) The failure to pay was not due to an inability to pay but was willful or due to a failure to make bona fide efforts to pay; or

(2) The failure to pay was not the fault of the defendant and alternatives to incarceration are not adequate in the circumstances of the case to meet the municipality's or county's interest in punishment and deterrence.

(g) Contempt Order, Punishment. If following the show cause hearing the judge makes written findings:

(1) that the defendant was given adequate notice of the hearing as required by this rule,

(2) that the defendant had the opportunity to be represented by counsel and a reasonable time to prepare a defense,

(3) that the defendant had a meaningful opportunity to present evidence and argument at the hearing, and

(4) setting out the essential facts constituting the contempt, the judge may impose punishment for failure to pay, including incarceration for a term not to exceed 30 days when findings are made as required by (f) of this rule. The judge may provide in the order that payment or satisfaction of the amount due at any time will entitle the defendant to release from incarceration or, after entering the order, may at any time reduce the sentence for good cause shown, including payment or satisfaction of the amount due. If the judge finds the defendant's failure to comply with an order for an alternative sanction was willful, the judge may impose punishment for criminal contempt as authorized by law.

(h) Collection of Amount Due Following Failure to Pay. Upon default in the payment of an amount due or any installment thereof, the amount due may be collected by any means authorized by law for the enforcement of money judgments.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004; amended December 23, 2014, effective July 1, 2015; amended June 29, 2018, effective January 1, 2019; amended December 18, 2018, effective January 1, 2019.)

First Adopted: May 14, 1985

Most Recently Effective: January 01, 2019

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.66 | Sentence of Incarceration – Transcript to Corrections Official

When a defendant is sentenced to incarceration, the clerk shall deliver to the corrections official a certified copy of the judgment and sentence, specifying credit for time served, and the corrections official shall confine the defendant in a detention facility or deliver the defendant as specified in the order.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004; amended December 18, 2018, effective January 1, 2019.)

First Adopted: May 14, 1985

Most Recently Effective: July 01, 2004

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.67 | Judgment Set Aside – When

(a) Within ten days after the entry of judgment and prior to the filing of application for trial de novo, the court may of its own initiative or on motion of a defendant set aside judgment upon any of the following grounds:

(1) That the facts stated in the information filed and upon which the cause was tried do not state an ordinance violation;

(2) That the court was without jurisdiction of the ordinance violation charged;

(3) To correct manifest injustice.

The court shall record the grounds upon which the order was entered.

(b) A motion to withdraw a plea of guilty may be made only before sentence is imposed or when imposition of sentence is suspended; but to correct manifest injustice, the court after sentence may set aside the judgment of conviction and permit the defendant to withdraw the defendant’s plea.

(c) Clerical mistakes in the record and errors in the record arising from oversight or omission may be corrected by the court any time on the motion of any party and after such notice, if any, as the court orders.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004.)

First Adopted: May 14, 1985

Most Recently Effective: July 01, 2004

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.68 | [RESERVED]

(Adopted May 14, 1985, effective January 1, 1986. Reserved December 23, 2003, effective July 1, 2004.)

First Adopted: May 14, 1985

Most Recently Effective: July 01, 2004

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.69 | Judgment – Commutation

After commitment of a defendant to serve a sentence of imprisonment, the judge may commute the term of the sentence to the time then served.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004.)

First Adopted: May 14, 1985

Most Recently Effective: July 01, 2004

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.70 | Revocation of Probation or Parole

A judge may revoke probation or parole upon compliance with section 559.036, RSMo, but not otherwise, except that notice of the hearing may be mailed in the same manner as a summons. The defendant may be conditionally released pending final hearing.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004.)

First Adopted: May 14, 1985

Most Recently Effective: January 01, 2019

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.71 | Trial De Novo – Right – Time

(a) An application for trial de novo shall be filed as provided by law. No judge may order an extension of time for filing or perfecting an application for trial de novo.

(b) An application for trial de novo shall not be granted after the defendant satisfies any part of the penalty and costs of the judgment, unless costs were paid after imposition of sentence was originally suspended.

First Adopted: May 14, 1985

Most Recently Effective: July 01, 2004

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.72 | Trial De Novo – Stay of Execution

The filing of an application for trial de novo or review shall suspend the execution of the judgment of the municipal division. If the applicant for trial de novo withdraws the application, or if before commencement of trial, the court enters a finding that the applicant has abandoned the trial de novo, the case shall be remanded to the municipal division for execution of judgment.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 18, 1998, effective January 1, 2000; amended December 23, 2003, effective July 1, 2004.)

First Adopted: May 14, 1985

Most Recently Effective: January 01, 2019

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.73 | Trial De Novo – Transmittal of Record

When an application for trial de novo is filed, the clerk shall transmit the duly certified record to the clerk of the division designated to hear ordinance violations de novo within 15 days of receipt. The failure of the clerk to transmit the record shall not affect the defendant’s trial de novo.

(Adopted May 14, 1985, effective January 1, 1986. Amended June 29, 2018, effective January 1, 2019.)

First Adopted: May 14, 1985

Most Recently Effective: July 01, 2004

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.74 | Trial De Novo – Procedure

All trials de novo shall proceed in the manner provided for the trial of a misdemeanor by the rules of criminal procedure.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004.)

First Adopted: May 14, 1985

Most Recently Effective: July 01, 2004

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37.75 | Criminal Contempt

(a) A criminal contempt may be punished summarily if the judge certifies that the judge saw or heard the conduct constituting the contempt and that it was committed in the judge’s presence. The judgment of contempt and the order of commitment shall recite the facts and shall be signed by the judge and entered of record.

(b) All other instances of contempt shall be prosecuted on notice. If the contempt charged involves disrespect to or criticism of a judge, that judge is disqualified from presiding at the trial or hearing except with the defendant’s consent. Upon a finding of guilt, the judge shall recite in the judgment of contempt and in the order of commitment the essential facts constituting the criminal contempt and fixing the punishment.

(Adopted May 14, 1985, effective January 1, 1986. Amended December 23, 2003, effective July 1, 2004.)

First Adopted: May 14, 1985

Most Recently Effective: July 01, 2015

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37A. | Suggested Forms - Uniform Citation

Form 37A, Uniform Citation

(Adopted May 14, 1985, effective January 1, 1986. Amended June 21, 1991, effective September 1, 1991; amended October 16, 1991, effective January 1, 1992; amended September 10, 2002, effective September 10, 2002; amended February 26, 2015, effective July 1, 2015.)

First Adopted: May 14, 1985

Most Recently Effective: January 01, 2003

Rule 37 | Statutory and Ordinance Violations and Violation Bureaus

37B. | Suggested Forms - Record of Conviction

Form 37B, Record of Conviction