Court Rules


Rule 4 - Filing of Cases

Rule 4.1 - Criminal Cases

RULE 4 - FILING OF CASES

RULE 4.1 - CRIMINAL CASES

1. Criminal cases instituted at the associate circuit judge level may be initiated by the filing of a complaint and/or an information, and the issuance of a warrant under authority of any associate circuit judge in the 16th Judicial Circuit. Each such complaint filed and warrant issued shall carry a caption as set out in subparagraph 5 hereof and said warrant shall be returnable and the case heard based on the location where venue is appropriate.

2. Criminal informations and indictments, state and county traffic and ordinance cases, and bad check cases shall be filed in Kansas City or Independence, in accordance with Section 478.461.

3. Drug cases shall be filed in Kansas City or Independence, in accordance with Section 478.461 and heard based on the location where venue is appropriate. The Presiding Judge shall assign a judge or commissioner to hear arraignments in drug cases and/or retain the cases for oversight on the diversion docket or for final disposition.

4. Criminal cases originating in Grandview shall be filed in Kansas City.

5. Complaints, informations, including traffic informations, and indictments shall designate venue in the caption as follows:

IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI
AT KANSAS CITY

(OR)

IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI
AT INDEPENDENCE

6. Criminal cases instituted at the circuit judge level shall be initially assigned to Criminal “A” in Kansas City or a designated division in Independence. After arraignment, criminal cases will be assigned to a trial division at the location designated in the caption. If venue is not specified in the caption, the case will be assigned to a division at the location where the information or indictment is filed.

7. When a criminal case is dismissed, for any reason, and subsequently refiled, it shall be reassigned the same case number previously assigned. For purpose of this rule, a refiled case shall be deemed the “same case” if it names any of the same defendants and the allegations include any of the same offenses or transactions alleged in the original, dismissed filing.

8. All arraignments in felony cases in Jackson County shall be heard in Kansas City or Independence. Any objection based upon improper venue must be filed not later than thirty (30) days after arraignment and in all other respects shall conform with Missouri Supreme Court Rule 32.01et seq.

9. Cases pled in Criminal “A” or in the division designated in Independence in which the defendant is ordered to serve a term of probation by the judge shall be assigned at random to a division, in accordance with Section 478.461. The assignment shall be made immediately subsequent to entry of the order of probation or as soon thereafter as practicable.

10. All pleadings and papers subsequent to the complaint or indictment shall be filed in the Department of Criminal Records at either Kansas City or Independence with the following exceptions: