Missouri Alibi Instruction
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FAQ
Rule 25.02 - Misdemeanors or Felonies-Time for Discovery (a) Disclosure on filing of felony complaint. Requests or motions for discovery of material and information as provided in Rule 25.03(a) may be made any time after defendant's initial appearance in court.
Under Rule 52.02(k) in Missouri, a guardian ad litem may be appointed for someone who is mentally or physically infirm. The procedure requires that (1) it either affirmatively appear or be suggested that someone who does not have a guardian (2) is incapable of protecting his or her own's interest in any litigation.
Rule 25.05 Disclosure by Defendant to State Without Court Order. The prosecution is not the only side that must provide information to the other during the discovery phase.
25.03 ? Misdemeanors or Felonies ? Disclosure by State to Defendant Without Court Order. 25.04 ? Misdemeanors or Felonies ? Disclosure by State to Defendant by Court Order Requiring a Showing of Good Cause. 25.05 ? Misdemeanors or Felonies ? Disclosure by Defendant to State Without Court Order.
Rule 25.05 Disclosure by Defendant to State Without Court Order. The prosecution is not the only side that must provide information to the other during the discovery phase.
If the defendant has a bona fide alibi, the charges against him can be dismissed. If his alibi is false, the investigation may disclose that fact and the prosecution will have sufficient time to secure rebuttal evidence.
22.09(1) requires that a preliminary hearing be held within a reasonable time. Id. The Supreme Court further states that it shall be held no later than 60 days if the Defendant is out of custody, except that the Court may continue the matter for good cause.
Defendant shall not be physically present at a discovery deposition except by agreement of the parties or upon court order for good cause shown. In addition, upon motion of the defense, the court may order the physical presence of defendant upon a showing of good cause.
