Court Rules


Rule 62 - Drivers' Cases

Rule 62.2 - Petition for Review

1. A Petition for Review must be filed within thirty (30) days of notice of suspension or revocation or the Circuit Court does not have jurisdiction.

2. The Director must be a party and service must be made as per Supreme Court Rule 100.01 (Chapter 536, RSMo).

3. These cases will be set for hearing within ten (10) days after the expiration of thirty (30) days of the filing.

4. If a stay of the Director's order is requested, an application for stay will be filed with the petition and service as above.

a. The stay order will be granted without hearing if the application is accompanied by an approved SR22 or DOR 1938 form (a standing waiver by the Prosecuting Attorney).

b. Any other application for a stay of the suspension must be accompanied by a notice of hearing on such stay and served on the Prosecuting Attorney not less than three (3) days prior to said hearing.

c. A stay of the Director's order will not be granted unless the petitioner files an approved SR22 form by the date of the hearing set for the application for a stay.

5. An application for hardship may be joined with a Petition for Review as a separate count, but must conform to the prerequisites listed under the hardship application provisions or that count will be dismissed by the Court.




11/18/88
(effective 12/18/88)