Missouri Private Criminal Complaint for Arrest Warrant and/or Summons

State:
Multi-State
Control #:
US-01580BG
Format:
Word; 
Rich Text
223 downloads

Description

The rights that a citizen seeks to enforce criminally are not private but are lodged in the state, although a citizen has a right to proceed in a civil action. [FN3] Once a private party alerts the court of alleged criminal activity through the filing of an application for issuance of a criminal complaint and the court responds to the application, the private party's rights have been satisfied.


A jurat is the bottom part of an affidavit where the officer certifies that the document was "sworn" before him. Jurat notarizations are required for transactions where the signer must attest to the content of the document, such as all affidavits and pleadings in court.

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FAQ

The source is prior Rule 21.05. There is a change in that a summons would be used to secure the presence of the defendant in most cases and a warrant of arrest would be used for that purpose only if there are reasonable grounds for the court to believe that a summons will not cause the defendant to appear.

Missouri warrants are public information. Anyone can browse Casenet and find out if you or anyone else has an active arrest warrant.

If you have a "Showcause/Failure to Pay" warrant: You must either pay the amount shown in full or appear before the judge during "walk-in" times. You can pay these charges by phone and have the warrant removed without having to appear before the judge.

There is no limit to the number of times a process server can visit you or come to your house to serve you documents. Each process server has their own rules as to how many times they will attempt to serve documents. In most cases, three attempts will be made, and at different times of the day and on different days.

The two parties in the case are the Government (prosecution) and the Defendant; the Government may or may not take the victim's wishes into account when making its case against the Defendant.

The summons shall be signed by the clerk, dated the day it is issued, be under the seal of the court, contain the name of the court and the names of the parties, and be directed to the defendant, stating the name and address of the plaintiff's attorney, if any; otherwise the plaintiff's address.

If the summons cannot be served, you may request the issuance of another summons, called an alias summons. An additional cost for service of an alias summons is required. If the plaintiff does not appear, the court may enter an order dismissing the action.

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Missouri Private Criminal Complaint for Arrest Warrant and/or Summons