reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 479 - Municipal Courts and Traffic Courts › Section 479.080 - Fines and costs, where paid, deposited — supreme court may provide for uniform procedure.

Title XXXII COURTS
Chapter 479
• Effective - 02 Jan 1979, 2 histories, see footnote
479.080. Fines and costs, where paid, deposited — supreme court may provide for uniform procedure. —
1. In the prosecution of violations of municipal ordinances before a municipal judge, all fines and costs shall be paid to and deposited not less frequently than monthly into the municipal treasury.
2. In the prosecution of violations of municipal ordinances before an associate circuit judge, all fines shall be paid to and deposited not less frequently than monthly into the municipal treasury and all court costs shall be accounted for and remitted to the state treasury in the same manner as provided by law for costs in misdemeanor cases.
3. The supreme court by administrative rule may provide for uniform procedure, and reporting forms for the collection and transmittal of fines and costs. Until modified or otherwise provided by such administrative rule, the municipal judge, or associate circuit judge hearing and determining violations of municipal ordinances, shall cause the clerk serving his division, within the first ten days of every month, to make out a list of all the cases heard or tried before the judge during the preceding month, giving in each case the name of the defendant, the fine imposed, if any, the amount of costs, the names of defendants committed and the cases in which there was an application for trial de novo, respectively. Such clerk or the judge shall verify such lists and statements by affidavit, and file the same forthwith with the clerk of the municipality, who shall lay the same before the governing body or the municipality at its first session thereafter. The official collecting fines shall, within the ten days aforesaid, pay to the municipal treasurer the full amount of all fines collected by him during the preceding month if not previously paid to the municipal treasurer.
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(L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 479 - Municipal Courts and Traffic Courts › Section 479.090 - Prosecutions based on information only, proceedings.

Title XXXII COURTS
Chapter 479
Effective - 02 Jan 1979, 2 histories, see footnote
479.090. Prosecutions based on information only, proceedings. —
All prosecutions for the violation of municipal ordinances shall be instituted by information and may be based upon a complaint. Proceedings shall be in accordance with the supreme court rules governing practice and procedure in proceedings before municipal judges.
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(L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 479 - Municipal Courts and Traffic Courts › Section 479.100 - Warrants, how issued and executed.

Title XXXII COURTS
Chapter 479
Effective - 02 Jan 1979, 3 histories, see footnote
479.100. Warrants, how issued and executed. —
All warrants issued by a municipal judge, or an associate circuit judge hearing violations of municipal ordinances, shall be directed to the city marshal, chief of police, or any other police officer of the municipality, or to the sheriff of the county. The warrants shall be executed by the marshal, chief of police, police officer or sheriff at any place within the limits of the county, and not elsewhere, unless the warrants are endorsed in the manner provided for warrants in criminal cases, and, when so endorsed, shall be served in other counties, as provided for in warrants in criminal cases.
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(L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 479 - Municipal Courts and Traffic Courts › Section 479.110 - Arrest without warrants, procedure.

Title XXXII COURTS
Chapter 479
Effective - 02 Jan 1979, 2 histories, see footnote
479.110. Arrest without warrants, procedure. —
The city marshal, chief of police or other police officer of any municipality shall, without a warrant, make arrests of any person who commits an offense in his presence, but such officer shall, before the trial, file a written complaint with the judge hearing violations of municipal ordinances.
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(L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 479 - Municipal Courts and Traffic Courts › Section 479.120 - Municipality to designate attorney to prosecute violations — duties.

Title XXXII COURTS
Chapter 479
Effective - 02 Jan 1979, 3 histories, see footnote
479.120. Municipality to designate attorney to prosecute violations — duties. —
It shall be the duty of an attorney designated by the municipality to prosecute the violations of the municipality's ordinances before the municipal judges or before the associate circuit judges hearing the violations of that municipality's ordinances. The salary or fees of the attorney and his necessary expenses incurred in such prosecutions shall be paid by the municipality.
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(L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 479 - Municipal Courts and Traffic Courts › Section 479.130 - Trial by jury, when.

Title XXXII COURTS
Chapter 479
Effective - 02 Jan 1979, 3 histories, see footnote
479.130. Trial by jury, when. —
Any person charged with the violation of a municipal ordinance of a city of the third or fourth class shall be entitled to a trial by jury, as in prosecutions for misdemeanors before an associate circuit judge.
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(L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 479 - Municipal Courts and Traffic Courts › Section 479.140 - Judge to be trier of fact, when.

Title XXXII COURTS
Chapter 479
Effective - 02 Jan 1979, 3 histories, see footnote
479.140. Judge to be trier of fact, when. —
In any trial for the violation of a municipal ordinance, all issues of fact shall be tried by the judge except where trial by jury is authorized by law and the defendant or his attorney requests a trial by jury.
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(L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 479 - Municipal Courts and Traffic Courts › Section 479.150 - Trial by jury, certification for assignment — exception, Springfield municipal court, when, procedure, costs.

Title XXXII COURTS
Chapter 479
Effective - 28 Aug 2001, 3 histories
479.150. Trial by jury, certification for assignment — exception, Springfield municipal court, when, procedure, costs. —
1. In any municipality, whenever a defendant accused of a violation of a municipal ordinance has a right to a trial by jury and demands such trial by jury, except as provided in subsection 2 of this section, the municipal judge shall certify the case for assignment.
2. Any municipality requiring by ordinance that the municipal judge be a licensed attorney and which has a population in excess of one hundred thousand persons which is located in a county of the first class not having a charter form of government and which does not adjoin another first class county may elect by passage of an appropriate municipal ordinance to hear jury cases before the municipal court; provided, such jury cases are heard in accordance with the following procedures:
(1) Cases shall be heard with a record being made as required in jury cases before the associate circuit court and the trial shall be conducted and the jury selected in accordance with procedures applicable before circuit courts;
(2) In any case tried with a jury in a municipal court under provisions of this subsection, appeals may be had upon the record to the appropriate state appellate court, and the record for appeal in such cases shall be prepared in accordance with the same rules prescribed by the supreme court for trials on the record before associate circuit courts;
(3) The costs of equipment or stenographic services for jury trials a municipality should elect to hold under this section shall be paid by the municipality, except where the supreme court has by rule provided for reimbursement by the defendant for the cost of transcription, and any person who requests a jury trial shall be responsible for all costs incurred in the securing of a jury if such person thereafter waives his right to a jury trial;
(4) The failure to request a jury trial while the case is pending before the municipal court shall be deemed a waiver of the right to a jury trial and after such jury trial there shall be no right to a trial de novo in circuit court;
(5) If the municipal judge is disqualified, the rules for appointment of another municipal judge of the city to hear such cases shall apply; provided, however, that in the event there is no other municipal judge qualified to hear the case, the case shall be certified for assignment.
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(L. 1978 H.B. 1634, A.L. 1984 H.B. 1142 & 894, A.L. 2001 S.B. 267)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 479 - Municipal Courts and Traffic Courts › Section 479.155 - Municipal division, reporting requirements to Missouri Supreme Court.

Title XXXII COURTS
Chapter 479
Effective - 28 Aug 2015
479.155. Municipal division, reporting requirements to Missouri Supreme Court. —
1. By September 1, 2015, the presiding judge of the circuit court in which the municipal division is located shall report to the clerk of the supreme court the name and address of the municipal division and any other information regarding the municipal division requested by the clerk of the supreme court on a standardized form developed by the clerk of the supreme court.
2. If a municipality elects to abolish or establish a municipal division, the presiding judge of the circuit court in which the municipal division is located shall notify the clerk of the supreme court and shall complete the report required under subsection 1 of this section within ninety days of the establishment of the division.
3. The supreme court shall develop rules regarding conflict of interest for any prosecutor, defense attorney, or judge that has a pending case before the municipal division of any circuit court.
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(L. 2015 S.B. 5)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 479 - Municipal Courts and Traffic Courts › Section 479.160 - Witnesses, how summoned, fees.

Title XXXII COURTS
Chapter 479
Effective - 02 Jan 1979, 3 histories, see footnote
479.160. Witnesses, how summoned, fees. —
1. It shall be the duty of the municipal judge to summon all persons whose testimony may be deemed essential as witnesses at the trial, and to enforce their attendance by attachment, if necessary. The fees of witnesses shall be the same as those fixed for witnesses in trials before associate circuit judges and shall be taxed as other costs in the case.
2. When a trial shall be continued by a municipal judge it shall not be necessary to summon any witnesses who may be present at the continuance; but the municipal judge shall orally notify such witnesses as either party may require to attend before him on the day set for trial to testify in the case, and enter the names of such witnesses on his docket, which oral notice shall be valid as a summons.
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(L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 479 - Municipal Courts and Traffic Courts › Section 479.162 - Municipal ordinance violations, no charge or fee for police reports or other documents or videos, when.

Title XXXII COURTS
Chapter 479
Effective - 28 Aug 2021
479.162. Municipal ordinance violations, no charge or fee for police reports or other documents or videos, when. —
Notwithstanding any provision of law, supreme court rule, or court operating rule, in a proceeding for a municipal ordinance violation or any other proceeding before a municipal court if the charge carries the possibility of fifteen days or more in jail or confinement, a defendant shall not be charged any fee for obtaining a police report, probable cause statement, or any video relevant to the traffic stop or arrest. Such police report, probable cause statement, or video shall be provided by the prosecutor upon written request by the defendant for discovery.
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(L. 2021 S.B. 53 & 60)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 479 - Municipal Courts and Traffic Courts › Section 479.170 - Municipal judge without jurisdiction, when, procedure.

Title XXXII COURTS
Chapter 479
Effective - 28 Aug 2017, 4 histories
479.170. Municipal judge without jurisdiction, when, procedure. —
1. If, in the progress of any trial before a municipal judge, it shall appear to the judge that the accused ought to be put upon trial for an offense against the criminal laws of the state and not cognizable before him as municipal judge, he shall immediately stop all further proceedings before him as municipal judge and cause the complaint to be made before some associate circuit judge within the county.
2. For purposes of this section, any offense involving the operation of a motor vehicle in an intoxicated condition as defined in section 577.001 shall not be cognizable in municipal court, if the defendant has been convicted, found guilty, or pled guilty to two or more previous intoxication-related traffic offenses as defined in section 577.001, or has had two or more previous alcohol-related enforcement contacts as defined in section 302.525.
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(L. 1978 H.B. 1634, A.L. 2010 H.B. 1695, et al., A.L. 2017 S.B. 34)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 479 - Municipal Courts and Traffic Courts › Section 479.172 - Intoxication-related traffic offenses, municipal judges to receive adequate instruction — written policy on timely disposition of cases — report required.

Title XXXII COURTS
Chapter 479
• Effective - 01 Jan 2017, see footnote
479.172. Intoxication-related traffic offenses, municipal judges to receive adequate instruction — written policy on timely disposition of cases — report required. —
1. Each municipal judge shall receive adequate instruction on the laws related to intoxication-related traffic offenses as defined in section 577.001 including jurisdictional issues related to such offenses, reporting requirements to the highway patrol central repository as set out in section 43.503 and required assessment for offenders under the substance abuse traffic offender program (SATOP). Each municipal judge shall adopt a written policy requiring that municipal court personnel timely report all dispositions of all charges for intoxication-related traffic offenses to the central repository.
2. Each municipal court shall provide a copy of its written policy for reporting dispositions of intoxication-related traffic offenses to the office of state courts administrator and the highway patrol. To assist municipal courts, the office of state courts administrator may create a model policy for the reporting of dispositions of all charges for intoxication-related traffic offenses.
3. Each municipal division of every circuit court in the state of Missouri shall prepare a report every six months. The report shall include, but shall not be limited to, the total number and disposition of every intoxication-related traffic offense adjudicated, dismissed or pending in its municipal court division. The municipal court division shall submit said report to the circuit court en banc. The report shall include the six-month period beginning January first and ending June thirtieth and the six-month period beginning July first and ending December thirty-first of each year. The report shall be submitted to the circuit court en banc no later than sixty days following the end of the reporting period. The circuit court en banc shall make recommendations or take any action it deems appropriate based on its review of said reports.
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(L. 2010 H.B. 1695, et al., A.L. 2014 S.B. 491)
Transferred 2014; formerly 577.006; Effective 1-01-17
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 479 - Municipal Courts and Traffic Courts › Section 479.180 - Commitment in county jail, when — duty of sheriff.

Title XXXII COURTS
Chapter 479
Effective - 02 Jan 1979, 2 histories, see footnote
479.180. Commitment in county jail, when — duty of sheriff. —
If a municipality has no suitable and safe place of confinement, the defendant may be committed to the county jail by the judge, and it shall be the duty of the sheriff, if space for the prisoner is available in the county jail, upon receipt of a warrant of commitment from the judge to receive and safely keep such prisoner until discharged by due process of law. The municipality shall pay the board of such prisoner at the same rate as may now or hereafter be allowed by law to such sheriff for the keeping of other prisoners in his custody.
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(L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 479 - Municipal Courts and Traffic Courts › Section 479.190 - Parole or probation, when granted — certificate — conditions of probation — modification of conditions.

Title XXXII COURTS
Chapter 479
Effective - 28 Aug 1990, 2 histories
479.190. Parole or probation, when granted — certificate — conditions of probation — modification of conditions. —
1. Any judge hearing violations of municipal ordinances may, when in his judgment it may seem advisable, grant a parole or probation to any person who shall plead guilty or who shall be convicted after a trial before such judge. When a person is placed on probation he shall be given a certificate explicitly stating the conditions on which he is being released.
2. In addition to such other authority as exists to order conditions of probation, the court may order conditions which the court believes will serve to compensate the victim of the crime, any dependent of the victim, or society in general. Such conditions may include, but need not be limited to:
(1) Restitution to the victim or any dependent of the victim, in an amount to be determined by the judge; and
(2) The performance of a designated amount of free work for a public or charitable purpose, or purposes, as determined by the judge.
3. A person may refuse probation conditioned on the performance of free work. If he does so, the court shall decide the extent or duration of sentence or other disposition to be imposed and render judgment accordingly. Any county, city, person, organization, or agency, or employee of a county, city, organization or agency charged with the supervision of such free work or who benefits from its performance shall be immune from any suit by the person placed on parole or probation or any person deriving a cause of action from him if such cause of action arises from such supervision of performance, except for intentional torts or gross negligence. The services performed by the probationer or parolee shall not be deemed employment within the meaning of the provisions of chapter 288.
4. The court may modify or enlarge the conditions of probation at any time prior to the expiration or termination of the probation term.
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(L. 1978 H.B. 1634, A.L. 1990 S.B. 497)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 479 - Municipal Courts and Traffic Courts › Section 479.200 - Appeals, trial de novo.

Title XXXII COURTS
Chapter 479
Effective - 02 Jan 1979, 2 histories, see footnote
479.200. Appeals, trial de novo. —
1. In any case tried before a municipal judge who is not licensed to practice law in this state, the defendant shall have a right to trial de novo, even from a plea of guilty, before a circuit judge or an associate circuit judge.
2. In any case tried before a municipal judge who is licensed to practice law in this state or before an associate circuit judge, except where there has been a plea of guilty or the case has been tried with a jury, the defendant shall have a right of trial de novo before a circuit judge or upon assignment before an associate circuit judge. An application for a trial de novo shall be filed within ten days after judgment and shall be filed in such form and perfected in such manner as provided by supreme court rule.
3. In any case tried with a jury before an associate circuit judge a record shall be made and appeals may be had upon that record to the appropriate appellate court.
4. The supreme court may provide by rule what record shall be kept and may provide that it be a stenographic record or one made by the utilization of electronic, magnetic, or mechanical sound or video recording devices.
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(L. 1978 H.B. 1634)
Effective 1-02-79
(1985) Defendant, convicted in municipal court of violating a city ordinance is entitled to request a trial by jury upon appeal to the circuit court. State ex. rel. Estill v. Iannone (Mo.banc), 687 S.W.2d 172.
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 479 - Municipal Courts and Traffic Courts › Section 479.210 - Recognizances and forfeitures.

Title XXXII COURTS
Chapter 479
Effective - 02 Jan 1979, 2 histories, see footnote
479.210. Recognizances and forfeitures. —
In case of a breach of any recognizance entered into before a municipal judge or an associate circuit judge hearing a municipal ordinance violation case, the same shall be deemed forfeited and the judge shall cause the same to be prosecuted against the principal and surety, or either of them, in the name of the municipality as plaintiff. Such action shall be prosecuted before a circuit judge or associate circuit judge, and in the event of cases caused to be prosecuted by a municipal judge, such shall be on the transcript of the proceedings before the municipal judge. All moneys recovered in such actions shall be paid over to the municipal treasury to the general revenue fund of the municipality.
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(L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 479 - Municipal Courts and Traffic Courts › Section 479.220 - Disqualification of judge, when, procedure.

Title XXXII COURTS
Chapter 479
Effective - 02 Jan 1979, 3 histories, see footnote
479.220. Disqualification of judge, when, procedure. —
A municipal judge shall be disqualified to hear any case in which he is in any wise interested, or, if before the trial is commenced, the defendant or the prosecutor files an affidavit that the defendant or the municipality, as the case may be, cannot have a fair and impartial trial by reason of the interest or prejudice of the judge. Neither the defendant nor the municipality shall be entitled to file more than one affidavit or disqualification in the same case.
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(L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 479 - Municipal Courts and Traffic Courts › Section 479.240 - Fines, installments allowed.

Title XXXII COURTS
Chapter 479
Effective - 02 Jan 1979, 2 histories, see footnote
479.240. Fines, installments allowed. —
When a fine is assessed for violation of an ordinance, it shall be within the discretion of the judge assessing the fine to provide for the payment of the fine on an installment basis under such terms and conditions as he may deem appropriate.
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(L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 479 - Municipal Courts and Traffic Courts › Section 479.250 - Municipal ordinances, evidence of, judicial notice of.

Title XXXII COURTS
Chapter 479
Effective - 02 Jan 1979, 2 histories, see footnote
479.250. Municipal ordinances, evidence of, judicial notice of. —
In the trial of municipal ordinance violation cases, a copy of a municipal ordinance which is certified by the clerk of the municipality shall constitute prima facie evidence of such ordinance. If such certified copy is on file with the clerk serving the judge hearing a case and readily available for inspection by the parties, the judge may take judicial notice of such ordinance without further proof.
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(L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 479 - Municipal Courts and Traffic Courts › Section 479.270 - Transfer or assignment of cases, procedure.

Title XXXII COURTS
Chapter 479
Effective - 02 Jan 1979, 2 histories, see footnote
479.270. Transfer or assignment of cases, procedure. —
If transferred by the supreme court or if assigned by the presiding judge of the circuit or pursuant to court rule, a circuit judge may hear municipal ordinance violation cases in those instances where provision is made in this chapter for such cases to be initially heard by an associate circuit judge and may exercise the other powers granted associate circuit judges by this chapter. Costs shall be assessed in the same amounts as if the cause was heard by an associate circuit judge. Such transfer or assignment may be on a case-by-case or general basis.
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(L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 479 - Municipal Courts and Traffic Courts › Section 479.350 - Definitions.

Title XXXII COURTS
Chapter 479
• Effective - 28 Aug 2016, 2 histories
479.350. Definitions. —
For purposes of sections 479.350 to 479.372, the following terms mean:
(1)
"Annual general operating revenue"
, revenue that can be used to pay any bill or obligation of a county, city, town, or village, including general sales tax; general use tax; general property tax; fees from licenses and permits; unrestricted user fees; fines, court costs, bond forfeitures, and penalties. Annual general operating revenue does not include designated sales or use taxes; restricted user fees; grant funds; funds expended by a political subdivision for technological assistance in collecting, storing, and disseminating criminal history record information and facilitating criminal identification activities for the purpose of sharing criminal justice-related information among political subdivisions; or other revenue designated for a specific purpose;
(2)
"Court costs"
, costs, fees, or surcharges which are retained by a county, city, town, or village upon a finding of guilty or plea of guilty, and shall exclude any costs, fees, or surcharges disbursed to the state or other entities by a county, city, town, or village and any certified costs, not including fines added to the annual real estate tax bill or a special tax bill under section 67.398, 67.402, or 67.451;
(3)
"Minor traffic violation"
, a municipal or county traffic ordinance violation prosecuted that does not involve an accident or injury, that does not involve the operation of a commercial motor vehicle, and for which no points are assessed by the department of revenue or the department of revenue is authorized to assess one to four points to a person's driving record upon conviction. Minor traffic violation shall include amended charges for any minor traffic violation. Minor traffic violation shall exclude a violation for exceeding the speed limit by more than nineteen miles per hour or a violation occurring within a construction zone or school zone;
(4)
"Municipal ordinance violation"
, a municipal or county ordinance violation prosecuted for which penalties are authorized by statute under sections 64.160, 64.200, 64.295, 64.487, 64.690, 64.895, 67.398, 71.285, 89.120, and 89.490. Municipal ordinance violation shall include amended charges for municipal ordinance violations.
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(L. 2015 S.B. 5, A.L. 2016 S.B. 572)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 479 - Municipal Courts and Traffic Courts › Section 479.353 - Conditions — review of original fine and sentence, when.

Title XXXII COURTS
Chapter 479
• Effective - 28 Aug 2019, 3 histories
479.353. Conditions — review of original fine and sentence, when. —
1. Notwithstanding any provisions to the contrary, the following conditions shall apply to minor traffic violations and municipal ordinance violations:
(1) The court shall not assess a fine, if combined with the amount of court costs, totaling in excess of:
(a) Two hundred twenty-five dollars for minor traffic violations; and
(b) For municipal ordinance violations committed within a twelve-month period beginning with the first violation: two hundred dollars for the first municipal ordinance violation, two hundred seventy-five dollars for the second municipal ordinance violation, three hundred fifty dollars for the third municipal ordinance violation, and four hundred fifty dollars for the fourth and any subsequent municipal ordinance violations;
(2) The court shall not sentence a person to confinement, except the court may sentence a person to confinement for any violation involving alcohol or controlled substances, violations endangering the health or welfare of others, or eluding or giving false information to a law enforcement officer;
(3) A person shall not be placed in confinement for failure to pay a fine unless such nonpayment violates terms of probation or unless the due process procedures mandated by Missouri supreme court rule 37.65 or its successor rule are strictly followed by the court;
(4) Court costs that apply shall be assessed against the defendant unless the court finds that the defendant is indigent based on standards set forth in determining such by the presiding judge of the circuit. Such standards shall reflect model rules and requirements to be developed by the supreme court; and
(5) No court costs shall be assessed if the defendant is found to be indigent under subdivision (4) of this section or if the case is dismissed.
2. If an individual has been held in custody on a notice to show cause or an arrest warrant for an underlying minor traffic violation, the court, on its own motion or on the motion of any interested party, may review the original fine and sentence and waive or reduce such fine or sentence if the court finds it reasonable given the circumstances of the case.
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(L. 2015 S.B. 5, A.L. 2016 S.B. 572, A.L. 2019 H.B. 192)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 479 - Municipal Courts and Traffic Courts › Section 479.354 - Notice to appear in court, date and time to be given when first provided.

Title XXXII COURTS
Chapter 479
• Effective - 28 Aug 2019
479.354. Notice to appear in court, date and time to be given when first provided. —
For any notice to appear, citation, or summons on a minor traffic violation, the date and time the defendant is to appear in court shall be given when such notice to appear, citation, or summons is first provided to the defendant. If said notice is not properly given, the court shall reissue the notice, citation, or summons to the defendant and shall specifically set forth the date and time for the defendant to appear.
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(L. 2019 H.B. 192)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 479 - Municipal Courts and Traffic Courts › Section 479.356 - Failure to pay court costs, fines, or fees, setoff of income tax refund, when.

Title XXXII COURTS
Chapter 479
• Effective - 28 Aug 2015
479.356. Failure to pay court costs, fines, or fees, setoff of income tax refund, when. —
If a person fails to pay court costs, fines, fees, or other sums ordered by a municipal court, to be paid to the state or political subdivision, a municipal court may report any such delinquencies in excess of twenty-five dollars to the director of the department of revenue and request that the department seek a setoff of an income tax refund as provided by sections 143.782 to 143.788. The department shall promulgate rules necessary to effectuate the purpose of the offset program.
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(L. 2015 S.B. 5)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 479 - Municipal Courts and Traffic Courts › Section 479.360 - Certification of substantial compliance, filed with state auditor — procedures adopted and certified.

Title XXXII COURTS
Chapter 479
• Effective - 28 Aug 2016, 2 histories
479.360. Certification of substantial compliance, filed with state auditor — procedures adopted and certified. —
1. Every county, city, town, and village shall file with the state auditor, together with its report due under section 105.145, its certification of its substantial compliance signed by its municipal judge with the municipal court procedures set forth in this subsection during the preceding fiscal year. The procedures to be adopted and certified include the following:
(1) Defendants in custody pursuant to an initial arrest warrant issued by a municipal court have an opportunity to be heard by a judge in person, by telephone, or video conferencing as soon as practicable and not later than forty-eight hours on minor traffic violations and not later than seventy-two hours on other violations and, if not given that opportunity, are released;
(2) Defendants in municipal custody shall not be held more than twenty-four hours without a warrant after arrest;
(3) Defendants are not detained in order to coerce payment of fines and costs unless found to be in contempt after strict compliance by the court with the due process procedures mandated by Missouri supreme court rule 37.65 or its successor rule;
(4) The municipal court has established procedures to allow indigent defendants to present evidence of their financial condition and takes such evidence into account if determining fines and costs and establishing related payment requirements;
(5) The municipal court only assesses fines and costs as authorized by law;
(6) No additional charge shall be issued for the failure to appear for a minor traffic violation;
(7) The municipal court conducts proceedings in a courtroom that is open to the public and large enough to reasonably accommodate the public, parties, and attorneys;
(8) The municipal court makes use of alternative payment plans;
(9) The municipal court makes use of community service alternatives for which no associated costs are charged to the defendant; and
(10) The municipal court has adopted an electronic payment system or payment by mail for the payment of minor traffic violations.
2. On or before December 31, 2015, the state auditor shall set forth by rule a procedure for including the addendum information required by this section. The rule shall also allow reasonable opportunity for demonstration of compliance.
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(L. 2015 S.B. 5, A.L. 2016 S.B. 572)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 479 - Municipal Courts and Traffic Courts › Section 479.372 - Rulemaking authority.

Title XXXII COURTS
Chapter 479
• Effective - 28 Aug 2015
479.372. Rulemaking authority. —
Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in sections 479.350 to 479.372 shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2015, shall be invalid and void.
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(L. 2015 S.B. 5)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 479 - Municipal Courts and Traffic Courts › Section 479.375 - Severability clause.

Title XXXII COURTS
Chapter 479
Effective - 28 Aug 2015
479.375. Severability clause. —
If any provision of this act
*
or their application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act
*
which can be given effect without the invalid provision or application, and to this end the provisions of this act
*
are severable.
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(L. 2015 S.B. 5)
*"This act" (S.B. 5, 2015) contained numerous sections. Consult Disposition of Sections table for a definitive listing.
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 482 - Small Claims Courts › Section 482.300 - Judges to maintain separate docket for small claims — court to be known as small claims court — assignment of cases.

Title XXXII COURTS
Chapter 482
• Effective - 02 Jan 1979, see footnote
482.300. Judges to maintain separate docket for small claims — court to be known as small claims court — assignment of cases. —
1. Each judge of the circuit court hearing and determining small claims cases shall maintain a separate "small claims" docket and shall set aside and specify such times as may be reasonable and necessary for hearing "small claims" including, if necessary and desirable, Saturdays and evenings.
2. When such judge is hearing small claims matters, the court shall be known as "small claims court".
3. Unless and until a case or cases filed under the small claims procedures herein provided are otherwise assigned by the presiding judge of the circuit or by local circuit court rule,
(1) In counties where there is only one resident associate circuit judge, such cases shall be filed with the clerk serving such judge and thereafter heard by him;
(2) In counties where there is more than one resident associate circuit judge, such cases shall be heard by such associate circuit judge or judges as may be provided by local circuit court rule, or in the absence of such rule, as may be appointed by the presiding judge of the circuit, and such cases shall be filed with the clerks serving such associate judges as are so designated, unless a centralized filing system for such cases be provided by local court rule.
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(L. 1976 H.B. 1317 & 1098 § 4 subsecs. 1, 4, A.L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 482 - Small Claims Courts › Section 482.305 - Jurisdiction of small claims court.

Title XXXII COURTS
Chapter 482
• Effective - 28 Aug 2011
482.305. Jurisdiction of small claims court. —
When sitting as a small claims court, the judge shall have original jurisdiction of all civil cases, whether tort or contract, where the amount in controversy does not exceed five thousand dollars, exclusive of interest or costs, or as provided in this chapter.
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(L. 1976 H.B. 1317 & 1098 § 4 subsec. 2, A.L. 1978 H.B. 1634, A.L. 1982 S.B. 497, A.L. 1988 S.B. 522, A.L. 1993 H.B. 490, A.L. 1995 H.B. 189, A.L. 2011 S.B. 59)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 482 - Small Claims Courts › Section 482.310 - Procedure in small claims court.

Title XXXII COURTS
Chapter 482
• Effective - 02 Jan 1979, see footnote
482.310. Procedure in small claims court. —
In all small claims proceedings:
(1) Parties may prosecute their claims and defenses without the assistance of an attorney. Corporations or unincorporated associations, including labor unions, may enter their appearance and be represented by an officer or authorized employee. Such representation shall not be deemed the unauthorized practice of law.
(2) Except as otherwise provided herein or by rule of the supreme court, the established structure, administration and procedures in the divisions of the circuit court presided over by associate circuit judges in the respective counties in matters heard and determined within the class of cases enumerated in subdivision (1) of subsection (2) of section 478.225 shall prevail.
(3) Proceedings shall be conducted in an informal summary manner, and the formal rules of evidence and procedure shall not apply.
(4) The judge shall assume an affirmative duty to determine the merits of the claims and defenses of plaintiffs and defendants and may question parties and witnesses.
(5) No discovery shall be permitted.
(6) Trial shall be to the judge sitting without jury.
(7) The provisions of sections 482.300 to 482.365 shall be liberally construed and applied to effectuate the purposes of the act. Judges sitting as a small claims court shall have the power and duty to construe and apply sections 482.300 to 482.365 to further its purposes.
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(L. 1976 H.B. 1317 & 1098 § 4 subsec. 3, A.L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 482 - Small Claims Courts › Section 482.315 - Procedure if amount of claim exceeds jurisdictional amount — amendment of claim in transferred action not to exceed jurisdictional amount of court to which transferred.

Title XXXII COURTS
Chapter 482
• Effective - 28 Aug 2011
482.315. Procedure if amount of claim exceeds jurisdictional amount — amendment of claim in transferred action not to exceed jurisdictional amount of court to which transferred. —
1. If the amount in controversy in an action exceeds five thousand dollars, a plaintiff may file and prosecute a small claims action for recovery of money, but such plaintiff waives any claim for any sum in excess of five thousand dollars in that or in any subsequent proceeding involving the same parties and issues.
2. In an action transferred under section 482.325, the plaintiff or defendant may amend the claim or counterclaim to a dollar amount not to exceed the jurisdictional limit of the division of the circuit court to which the action was transferred.
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(L. 1976 H.B. 1317 & 1098 § 4 subsec. 5 subdiv. (1), A.L. 1978 H.B. 1634, A.L. 1982 S.B. 497, A.L. 1985 S.B. 5, et al., A.L. 1993 H.B. 490, A.L. 1995 H.B. 189, A.L. 2011 S.B. 59)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 482 - Small Claims Courts › Section 482.320 - Counterclaims, filing, different transaction, same transaction, arising at hearing, duty of judge.

Title XXXII COURTS
Chapter 482
• Effective - 02 Jan 1979, see footnote
482.320. Counterclaims, filing, different transaction, same transaction, arising at hearing, duty of judge. —
1. At any time up to ten days after service of process and before the date of the hearing, the defendant may file a counterclaim which does not arise out of the same transaction or occurrence as the plaintiff's original claim. The pleading requirements for filing such a counterclaim shall be the same as those for the filing of the original claim.
2. At any time up to and including the time of the hearing, the defendant may raise a counterclaim which grows out of the same transaction or occurrence as the plaintiff's original claim.
3. If, during the course of the hearing, the judge determines that the defendant has a counterclaim arising out of the same transaction or occurrence as the plaintiff's original claim, the judge may question the parties on the counterclaim and render judgment on it as if it had been raised on the initiative of the defendant.
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(L. 1976 H.B. 1317 & 1098 § 4 subsec. 5 subdivs. (2), (3), (4), A.L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 482 - Small Claims Courts › Section 482.325 - Counterclaims exceeding jurisdictional limit, procedure — consent of all parties required — transfer of counterclaim, when — dismissal, when.

Title XXXII COURTS
Chapter 482
• Effective - 01 Jan 1987, see footnote
482.325. Counterclaims exceeding jurisdictional limit, procedure — consent of all parties required — transfer of counterclaim, when — dismissal, when. —
If the amount of the counterclaim exceeds by itself the jurisdictional limit of the small claims court as established in section 482.305:
(1) The court shall have jurisdiction to hear both the claim and the counterclaim, with the consent of all parties to the proceeding. The court shall not accept the consent of any party unless the court shall have informed him that he has the right to consult with an attorney prior to giving or withholding his consent.
(2) If all parties do not consent and if the counterclaim arose out of the same transaction or occurrence as the plaintiff's original claim, the cause shall be transferred by the small claims court to be heard by the associate circuit judge under procedures provided in chapter 517, if such might otherwise be heard and determined under such procedures, and in other cases the cause shall be certified for assignment in the manner provided in section 517.081.
(3) If all parties do not consent and the counterclaim does not arise out of the same transaction or occurrence as the original claim, the court shall dismiss the counterclaim without prejudice to its being heard separately in an appropriate court.
(4) If all parties do not consent and if the counterclaim arose out of the same transaction or occurrence as the plaintiff's original claim, and the court determines in its judgment that the amount or nature of the counterclaim is not in good faith, then the court shall dismiss the counterclaim without prejudice.
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(L. 1976 H.B. 1317 & 1098 § 4 subsec. 5 subdiv. (5), A.L. 1978 H.B. 1634, A.L. 1985 S.B. 5, et al.)
Effective 1-01-87
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 482 - Small Claims Courts › Section 482.330 - Restrictions on filing of claims — statement required of plaintiff — counterclaim not prohibited — suit may be brought, where.

Title XXXII COURTS
Chapter 482
• Effective - 28 Aug 2004, 2 histories
482.330. Restrictions on filing of claims — statement required of plaintiff — counterclaim not prohibited — suit may be brought, where. —
1. No claim may be filed or prosecuted in small claims court by a party who:
(1) Is an assignee of the claim; or
(2) Has filed more than twelve other claims in the Missouri small claims courts during the current calendar year. If the court finds that a party has filed more claims than are permitted by this section, the court shall dismiss the claim without prejudice.
2. At the time of filing an action in small claims court, a plaintiff shall sign a statement that he or she is not the assignee of the claim sued on and that he or she has not filed more than twelve other claims in the Missouri small claims courts during the current calendar year.
3. Nothing in this section shall prohibit the filing or prosecution of a counterclaim growing out of the same transaction or occurrence.
4. No claim may be filed in a small claims court unless:
(1) At least one defendant is a resident of the county in which the court is located or at least one of the plaintiffs is a resident of the county in which the court is located and at least one defendant may be found in said county; or
(2) The facts giving rise to the cause of action took place within the county in which the court is located.
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(L. 1976 H.B. 1317 & 1098 § 4 subsec. 6, A.L. 1985 S.B. 5, et al., A.L. 1988 S.B. 522, A.L. 1993 H.B. 490, A.L. 1996 H.B. 1554, A.L. 2001 S.B. 267, A.L. 2004 S.B. 1211)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 482 - Small Claims Courts › Section 482.335 - Duties of clerk of small claims courts — notices to be posted — plaintiff to advise clerk of time hearing preferred — clerk not practicing law.

Title XXXII COURTS
Chapter 482
• Effective - 02 Jan 1979, see footnote
482.335. Duties of clerk of small claims courts — notices to be posted — plaintiff to advise clerk of time hearing preferred — clerk not practicing law. —
1. Clerks under the supervision of the small claims court judges shall explain to litigants the procedures and functions of the small claims court and shall assist them in filling out all forms and pleadings necessary for the presentation of their claim or counterclaim to the court. Notice of the fact that clerks will provide such assistance shall be conspicuously posted in the clerks' offices.
2. The location of the office where a small claims action can be filed and the location of the courtroom where small claims sessions are being held shall be conspicuously posted in the court building.
3. At the time of filing of a small claim, the plaintiff shall advise the clerk whether a daytime, evening or Saturday hearing is preferred by the plaintiff.
4. The performance of duties prescribed in this section shall not constitute the practice of law as defined in section 484.010. All duties of the clerk prescribed in this section shall be performed without cost to the litigants.
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(L. 1976 H.B. 1317 & 1098 § 4 subsec. 7, A.L. 1978 H.B. 1634)
Effective 1-02-79