Supreme Court of Missouri
en banc

(1) Repeal of subdivision 21.03, entitled “Misdemeanors – Summons or Warrant Arrest – When Issued,“ of Supreme Court Rule 23, entitled "Proceedings Applicable to Misdemeanors Only,” and in lieu thereof adoption of a new subdivision 21.03, entitled “Misdemeanors – Summons or Warrant Arrest – When Issued.”

(2) Repeal of subdivision 22.02, entitled “Felonies – Complaint,” of Supreme Court Rule 22, entitled “Procedure Applicable to Felonies Only,” and in lieu thereof adoption of a new subdivision 22.02, entitled “Felonies – Complaint.”

(3) Repeal of subdivision 37.43, entitled “Summons – When Issued – Failure to Appear,” of Supreme Court Rule 37, entitled “Ordinance Violations and Traffic Violations Bureaus,” and in lieu thereof adoption of a new subdivision 37.43, entitled “Summons – When Issued – Failure to Appear.”


1.  It is ordered that effective July 1, 1999, subdivision 21.03 of Supreme Court Rule 21 be and the same is hereby repealed and a new subdivision 21.03 adopted in lieu thereof to read as follows:

21.03 MISDEMEANORS – SUMMONS OR WARRANT ARREST – WHEN ISSUED

When an information charging the commission of a misdemeanor is filed, a summons shall be issued unless:

(a) an indictment is returned; or

(b) there are reasonable grounds for the court to believe that the defendant will not appear upon the summons and a complaint is filed supporting a finding of probable cause to believe that the defendant committed the crime charged.
If either subdivision (a) or (b) is applicable, a warrant for the arrest of the defendant may be issued.

2.  It is ordered that effective July 1, 1999, subdivision 22.02 of Supreme Court Rule 22 be and the same is hereby repealed and a new subdivision 22.02 adopted in lieu thereof to read as follows:

22.02 FELONIES – COMPLAINT

A complaint must be in writing and shall:

(a) state the name of the court;

(b) state the name of the accused, if known, or if his name is not known, designate the accused by any name or description by which he can be identified with reasonable certainty;

(c) state the facts constituting the felony;

(d) state the time and place of the felony as definitely as can be done; and

(e) be verified by oath or affirmation of the complainant for issuance of a summons or an arrest warrant or signed by a prosecuting attorney on information and belief for issuance of a summons.

3.  It is ordered that effective July 1, 1999, subdivision 37.43 of Supreme Court Rule 37 be and the same is hereby repealed and a new subdivision 37.43 adopted in lieu thereof to read as follows:

37.43 SUMMONS – WHEN ISSUED – FAILURE TO APPEAR

When an information charging the commission of an ordinance violation is filed, a summons shall be issued unless:

(a) there are reasonable grounds for the court to believe that the defendant will not appear upon the summons, and

(b) a complaint is filed supporting a finding of probable cause to believe that the defendant committed the violation charged.

If subdivisions (a) and (b) are applicable, a warrant for the arrest of the defendant may be issued.

If it is lawful for an officer to arrest a person without a warrant, the officer may serve such person with a summons instead of arresting the accused.

If the accused fails to appear as commanded by the summons and an information is filed, a warrant of arrest may be issued.

4.  It is ordered that notice of this order be published in the Journal of The Missouri Bar.

5.  It is ordered that this order be published in the South Western Reporter.

Day - to - Day

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DUANE BENTON
Chief Justice