Supreme Court of Missouri
en banc
December 23, 2014
Effective July 1, 2015
Effective July 1, 2015
In re:
Repeal of subdivision 37.65, entitled “Fines, Installment or Delayed Payments – Response to Nonpayment,” of Rule 37, entitled "Statutory and Ordinance Violations and Violation Bureaus," and in lieu thereof adoption of a new subdivision 37.65, entitled “Fines, Installment or Delayed Payments – Response to Nonpayment,” of Rule 37, entitled “Statutory and Ordinance Violations and Violation Bureaus."
ORDER
1. It is ordered that effective July 1, 2015, subdivision 37.65 of Rule 37 be and the same is hereby repealed and a new subdivision 37.65 of Rule 37 adopted in lieu thereof to read as follows:
- 37.65 Fines, Installment or Delayed Payments – Response to Nonpayment
(a) When a fine is assessed and it appears to the judge that the defendant does not have at that time the present means to pay the fine, the judge shall order a stay of execution on the payment of the fine 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.
(b) The judge may issue an order to show cause, consistent with Rule 36.01(b), for the defendant to appear in court at a future date in the event the fine is not paid in the time specified by the judge. In the event the defendant fails to appear at that future date, the court may issue a warrant to secure the defendant’s appearance for a hearing on the order to show cause.
(c) If a defendant defaults in the payment of the fine or any installment thereof, the judge may issue an order to show cause why the defendant should not be held in contempt of court. The judge shall issue a summons for the defendant’s appearance on the order to show cause unless the defendant was ordered to appear at a future date as provided in Rule 37.65(b). If the defendant fails to appear on the summons, the court may then issue a warrant to secure the defendant’s appearance for a hearing on the order to show cause. The summons may be served by the clerk mailing it to the defendant’s last known address by first class mail.
(d) If following the show cause hearing the judge finds the defendant intentionally refused to obey the sentence of the court or to have made a good faith effort to obtain the necessary funds for payment, the judge may confine the defendant for a term not to exceed thirty days for contempt of court. If the judge finds that the failure to pay the fine is excusable, the judge shall enter an order allowing the defendant additional time for payment, or may modify the method of payment or waive the collection of all or part of any unpaid portion of the fine.
(e) Upon default in the payment of a fine or any installment thereof, the fine may be collected by any means authorized by law for the enforcement of money judgments.
3. It is ordered that this order be published in the South Western Reporter.
Day – to – Day
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MARY R. RUSSELL
Chief Justice