Rule 37.61 - Trials - Issues of Fact - Jury - Certification(a) All trials of ordinance violations shall be held in open court in an orderly manner according to law.(b) If practical, traffic cases shall be heard and tried separately from other types of cases. Where a particular session of court has been designated a traffic case session, only traffic cases shall be tried except for good cause shown.(c) The judge shall determine all issues of fact in ordinance violation cases unless a jury trial is authorized by law and requested by the defendant.(d) A request for a jury trial shall be made by motion filed at least ten days prior to the scheduled trial date. If the designation of the trial date occurs less than ten days before trial, the application may be filed any time prior to trial. The judge shall promptly rule on a motion for jury trial. If the motion is sustained, the case shall be certified to the presiding judge for assignment for trial by jury unless otherwise provided by statute.(e) All jury trials shall proceed in the manner provided for the trial of a misdemeanor by the rules of criminal procedure.(f) If the defendant files a written motion requesting to waive a jury trial and attaches a waiver of the right to a jury trial, the case shall be remanded to the municipal division for further proceedings unless the judge finds such remand would be unfair to the parties.Mo. R. Ord. Viol. & Viol. Burea. 37.61
Adopted May 14, 1985, eff. 1/1/1986; Amended Dec. 18, 1998, eff. 1/1/2000; Amended December 23, 2003, eff. 7/1/2004; Amended June 29, 2018, effective 1/1/2019.