Rule 30.30 - Sentence of Death - Setting Execution Dates(a) The time for execution of any death sentence shall be set by order of this Court. The initial date of execution shall be set following the review of the sentence required by statute and the affirmance thereof. If no timely motion for rehearing is filed, the execution shall be set not fewer than 95 days from the date of the opinion affirming the sentence. If a timely motion for rehearing is filed, the execution shall be set not fewer than 95 days from the date the motion is overruled.(b) A date of execution set pursuant to Rule 30.30(a) shall be stayed upon the receipt in this Court of proof of filing of a timely appeal or petition for writ of certiorari in the Supreme Court of the United States. No other filing in this or any other Court shall operate to stay an execution date without further order of this Court or other competent authority.(c) If an execution is stayed, the Court shall set a new date of execution upon motion of the state or upon its own motion. No such motion shall be considered prior to exhaustion of the defendant's right to seek relief in the Supreme Court of the United States following review of the defendant's direct appeal, state post-conviction motion, and federal habeas corpus decision unless the defendant fails to pursue such remedy.(d) Upon the filing of a motion to set execution date, defendant shall have 30 days to file a response unless otherwise ordered by the Court. If the motion to set execution date is on the Court's own motion, it shall issue an order to show cause to the defendant requiring a response in not fewer than 30 days.(e) Consistent with the provisions of Rule 30.30(f), the Court shall rule on the motion to set execution date promptly after receipt of defendant's response or failure to file a response within the time allowed. Any such determination shall be without prejudice to the defendant seeking a stay of execution after an execution date is set or the state seeking a new date if the Court overrules the state's motion to set an execution date.(f) The Court shall set dates of execution after consultation with the director of the department of corrections. Any date of execution shall be at least 90 days but not more than 120 days after the date the order setting the date is entered. The department of corrections shall not be required to execute more than one warrant of execution per month.(g) When setting an execution date other than the original date set pursuant to Rule 30.30(a), the Court shall issue a warrant of execution to the director of the department of corrections for the execution of the defendant at the time therein specified. The director shall obey the warrant accordingly and be directed to file a return thereto with the Court.(h) Notice of any date of execution set by this Court shall be given to the defendant, the defendant's counsel, the governor, the attorney general, and the director of the department of corrections.Adopted June 13, 1979, eff. 1/1/1980. Amended June 16, 1989, eff. 1/1/1990; Oct. 25, 2013, eff. July 1, 2014; June 10, 2015, eff. Jan. 1, 2016; Amended Dec. 27, 2017, eff. 1/1/2018.Committee Note - 1980
The first sentence is the same as prior Rule 27.16.
The second sentence is substantially the same as prior Rule 27.17.