Rule 38 | Certain Statutory Violations and Violation Bureaus

First Adopted: December 01, 1997

Most Recently Effective: May 01, 2019

Court Rule 38 | Certain Statutory Violations and Violations Bureaus

38.01 | Rules – When Applicable

Rule 38 governs the procedure in all courts of this state having original jurisdiction of violations of sections 577.070 and 577.073, RSMo, and chapters 252, 301, 302, 304, 306, 307 and 390, RSMo, which may be disposed through a circuit violations bureau established pursuant to Supreme Court Rules.

(Adopted December 1, 1997, effective July 1, 1998. Amended December 23, 2003, effective July 1, 2004; amended December 16, 2011, effective January 1, 2012; amended October 15, 2018, effective May 1, 2019.)

First Adopted: December 01, 1997

Most Recently Effective: May 01, 2019

Court Rule 38 | Certain Statutory Violations and Violations Bureaus

38.02 | Rules – Authority for – Statutes and Ordinances Superseded

Rule 38 is promulgated pursuant to authority granted this Court by section 5 of article V of the Missouri Constitution and supersedes all statutes, ordinances and court rules inconsistent therewith.

(Adopted December 1, 1997, effective July 1, 1998. Amended December 23, 2003, effective July 1, 2004; amended October 15, 2018, effective May 1, 2019.)

First Adopted: December 01, 1997

Most Recently Effective: July 01, 2004

Court Rule 38 | Certain Statutory Violations and Violations Bureaus

38.03 | Rules – Construction

Rule 38 shall be construed to secure the just, speedy and inexpensive disposition of violations to which this Rule 38 applies.

(Adopted December 1, 1997, effective July 1, 1998; Amended December 23, 2003, effective July 1, 2004.)

First Adopted: December 01, 1997

Most Recently Effective: July 01, 2004

Court Rule 38 | Certain Statutory Violations and Violations Bureaus

38.04 | Rules – When not Applicable – Procedure

If no procedure is specifically provided by this Rule 38, the court shall be governed by Rules 19 to 36, inclusive, to the extent not inconsistent with this Rule 38.

(Adopted December 1, 1997, effective July 1, 1998. Amended December 23, 2003, effective July 1, 2004.)

First Adopted: December 01, 1997

Most Recently Effective: May 01, 2019

Court Rule 38 | Certain Statutory Violations and Violations Bureaus

38.05 | Definitions

Whenever in this Rule 38 the following terms are used, they mean the following:

(a) "Circuit violations bureau," violations bureau established by court order pursuant to Rule 38.10(a) of this Court;

(b) “Clerk,” any designated court clerk or court administrator or any deputy or division court clerk serving courts to which this Rule 38 applies;

(c) “Committee,” a committee consisting of judges appointed by this Court establish the uniform fine schedule for Rule 38 circuit violations bureaus;

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

(e) “Court,” a division of the circuit court having jurisdiction to hear violations to which this Rule 38 applies;

(f) “Missouri charge code,” as defined by section 43.500 RSMo;

(g) “Person,” includes corporation;

(h) “Prosecuting attorney,” any prosecuting or circuit attorney having the duty to prosecute violations to which this Rule 38 applies;

(i) “Public safety violation,” any violation of section 577.070 or section 577.073, RSMo;

(j) “Traffic violation,” any violation of chapters  301, 302, 304, 307, or 390, RSMo;

(k) “Uniform fine schedule,” the fine schedule approved pursuant to Rule 38.09;

(l) “Violation(s),” traffic violations, public safety violations, watercraft violations, and wildlife violations;

(m) “Watercraft violation,” any violation of chapter 306, RSMo;

(n) “Wildlife violation,” any violation of chapter 252, RSMo.


(Adopted December 1, 1997, effective July 1, 1998. Amended December 23, 2003, effective July 1, 2004; amended December 16, 2011, effective January 1, 2012; amended October 15, 2018, effective May 1, 2019.)

First Adopted: December 01, 1997

Most Recently Effective: May 01, 2019

Court Rule 38 | Certain Statutory Violations and Violations Bureaus

38.06 | Violations – Rule 38 Not Applicable

This Rule 38 shall not apply to the following violations:

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

(b) Any violation for which a summons to appear is issued;

(c) Any violation resulting in personal injury or property damage to another person;

(d) Operating a motor vehicle or watercraft while intoxicated or under the influence of intoxicants or drugs;

(e) Operating a vehicle with a counterfeited, altered, suspended or revoked license;

(f) Fleeing or attempting to elude an officer; and

(g) Any other violation excluded by law.


(Adopted December 1, 1997, effective July 1, 1998. Amended December 23, 2003, effective July 1, 2004; amended October 15, 2018, effective May 1, 2019.)

First Adopted: December 01, 1997

Most Recently Effective: May 01, 2019

Court Rule 38 | Certain Statutory Violations and Violations Bureaus

38.07 | Violation Notice – Contents

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

(1) State the name of the prosecuting county;

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

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

(4) State the name and date of birth of the accused, if known, or, if the accused’s name is 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 violation as definitely as can be done;

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

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

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

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

(10) State a person must appear in court at the time specified on the citation or otherwise respond to the citation as directed by paying the specified fine and court costs;

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

(12) 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; and

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

(b) When a violation has been designated pursuant to Rule 38 to be within the authority of a circuit violations bureau, the accused shall be provided with written notification of the specified fine and costs for the violation or with information regarding how the accused may obtain the amount of the fine and court costs for the violation.


(Adopted December 1, 1997, effective July 1, 1998. Amended December 23, 2003, effective July 1, 2004; amended October 15, 2018, effective May 1, 2019.)

First Adopted: December 01, 1997

Most Recently Effective: May 01, 2019

Court Rule 38 | Certain Statutory Violations and Violations Bureaus

38.08 | Court May Set Aside Guilty Plea or Correct the Record

(a) Within 30 days after entry of the guilty plea, the court, on motion of the defendant, may set aside a guilty plea upon one of the following grounds:

(1) That the facts stated in the violation do not constitute an offense;

(2) That the court is without jurisdiction of the violation charged; or

(3) To correct manifest injustice.

The court shall specify of record the grounds upon which the order is entered.

(b) Failure to file a motion within the time limit provided by this Rule 38.08 shall constitute a complete waiver of any right to proceed under this Rule 38.08 and a complete waiver of any claim that could be raised in a motion, except that the court may set aside the judgment of conviction at any time to correct manifest injustice.

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

(d) Any person seeking relief pursuant to this Rule 38.08 shall file the motion with the clerk of the court in which the violation is filed.

The clerk shall forthwith transmit the motion to the prosecuting attorney and the judge.

(e) When a guilty plea or a judgment of conviction is set aside pursuant to this Rule 38.08 and the order is filed with the clerk, the clerk shall:

(1) Notify the prosecuting attorney and the defendant of the order; and

(2) Notify the department of revenue of the order if the violation is a moving traffic violation.


(Adopted December 1, 1997, effective July 1, 1998. Amended December 23, 2003, effective July 1, 2004; amended October 15, 2018, effective May 1, 2019.)

First Adopted: December 01, 1997

Most Recently Effective: May 01, 2019

Court Rule 38 | Certain Statutory Violations and Violations Bureaus

38.09 | Uniform Fine Schedule

The committee shall promulgate and maintain the uniform schedule for violations disposed through a Rule 38 circuit violations bureau. The schedule shall be filed with the clerk of this Court.

(Adopted December 1, 1997, effective July 1, 1998. Amended December 23, 2003, effective July 1, 2004; amended October 15, 2018, effective May 1, 2019.)

First Adopted: December 01, 1997

Most Recently Effective: May 01, 2019

Court Rule 38 | Certain Statutory Violations and Violations Bureaus

38.10 | Circuit Violations Bureau – Clerk – Payment

(a) Each judicial circuit shall establish by court order a circuit violations bureau in each county within the circuit.

(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 fines and costs for the designated violations, entering the plea on the record, and transmitting the violation record as required by law.

(c) The order shall adopt the uniform fine schedule established by Rule 38.09. The schedule shall be prominently posted at the place where the fines are to be paid.

(d) Any person charged with a violation, designated with the Rule 38.09 fine schedule may pay the specified amount of the fine and costs to the bureau: 

(1) through the court's electronic payment system; 

(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 December 1, 1997, effective July 1, 1998. Amended December 23, 2003, effective July 1, 2004; amended October 15, 2018, effective May 1, 2019.)

First Adopted: December 01, 1997

Most Recently Effective: May 01, 2019

Court Rule 38 | Certain Statutory Violations and Violations Bureaus

38.11 | [REPEALED]

[Adopted December 1, 1997, effective July 1, 1998. Repealed by order dated October 15, 2018, effective May 1, 2019.]

First Adopted: December 01, 1997

Most Recently Effective: May 01, 2019

Court Rule 38 | Certain Statutory Violations and Violations Bureaus

38.12 | [REPEALED]

[Adopted December 1, 1997, effective July 1, 1998. Repealed by order dated October 15, 2018, effective May 1, 2019.]

First Adopted: December 01, 1997

Most Recently Effective: May 01, 2019

Court Rule 38 | Certain Statutory Violations and Violations Bureaus

38.13 | [REPEALED]

[Adopted December 1, 1997, effective July 1, 1998. Repealed by order dated October 15, 2018, effective May 1, 2019.]

First Adopted: December 01, 1997

Most Recently Effective: May 01, 2019

Court Rule 38 | Certain Statutory Violations and Violations Bureaus

38.14 | [REPEALED]

[Adopted December 1, 1997, effective July 1, 1998. Repealed by order dated October 15, 2018, effective May 1, 2019.]

First Adopted: December 01, 1997

Most Recently Effective: July 01, 2004

Court Rule 38 | Certain Statutory Violations and Violations Bureaus

38.15 | [REPEALED]

[Adopted December 1, 1997, effective July 1, 1998. Repealed by order dated October 15, 2018, effective May 1, 2019.]