Rule 69 - Municipal Divisions
Rule 69.8 - Trial De Novo
8.1 - APPLICATIONS
An application for trial de novo (rehearing) before a Circuit or Associate Circuit Judge within the 16th Judicial Circuit from decisions of Municipal Divisions must be filed and perfected within ten (10) days from entry of judgment. Such application shall be filed together with appropriate bond set by the court and the "additional fee" required by section 479.260(5), section 485.120, RSMo 1986 and 16th Circuit Court Rule 5.1. A form for such application shall be provided by the Administrator/Clerk's office.
8.2 - RELEASE CONDITIONS
Upon application for trial de novo (rehearing) after conviction and judgment, the court may release defendant upon his written promise to appear at the time and place the trial de novo is scheduled, if the court believes the defendant will appear.
(1) If the court determines that such release will not reasonably assure defendant's scheduled court appearance, it shall impose one or more of the following conditions for the accused's release that will reasonably assure his appearance:
(a) place the person in the custody of a designated person or organization agreeing to supervise him:
(b) place restrictions on the travel, association, or place of abode of the person during the period of release;
(c) require the execution of a bond in a stated amount with sufficient solvent sureties, or the deposit with the court of the sum in cash or negotiable bonds of the United States or of the State of Missouri or any political subdivision thereof;
(d) require the person to report regularly to some officer of the court or peace officer, in such manner as the judge directs;
(e) require the execution of a bond in a stated amount and the deposit with the Court of ten percent, or such lesser sum as the judge directs, of such sum in cash or negotiable bonds of the United States or the State of Missouri or any political subdivision thereof.
(f) impose any other conditions deemed reasonably necessary to assure appearance as required, including a condition requiring that the person return to custody after specified hours.
(g) have no contact with any complaining party or victim.
(2) In determining which conditions of release will reasonably assure appearance of such defendant making application for a trial de novo, the judge shall consider the following information to the extent available:-
(a) nature and circumstances of the violation(s) for which convicted;
(b) weight of the evidence against the accused;
(c) the accused's family ties;
(d) employment;
(e) financial resources;
(f) character;
(g) mental condition;
(h) the duration of his residence in the community;
(I) his record of convictions;
(j) his record, of appearances at court proceedings;
(k) his flight to avoid prosecution;
(l) his failure to appear at court proceedings;
(m) his escape from prior confinement;
(n) warrants or probation/parole "holds" outstanding from any jurisdiction;
(o) likelihood of additional contact with any complaining party or victim.
8.3 - BOND LIMITS
Except for good cause shown and after hearing no trial de novo bond shall exceed one thousand dollars ($1,000.00) per charge.
8.4 - TRIAL DE NOVO - FEES
Circuit trial de novo fees and costs shall be collected upon the filing of an application for trial de novo unless waived by the trial judge upon a finding of indigence, pursuant to section 485.120, section 479.260(5) RSMo 1986, and 16th Circuit Rule 5.1.
ADOPTED 12/21/90