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Chapter 479

previous next Effective - 02 Jan 1979, 2 histories, see footnotebottom

  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.


---- end of effective   02 Jan 1979 ----

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479.200 1/2/1979
479.200 1/2/1979 1/2/1979

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