Mo. R. Crim. P. 22.03

As amended through November 19, 2024

Rule 22.03 - Felonies - Statement of Probable Cause - Contents

A statement of probable cause must be in writing and shall:

(a) State the name of the defendant or, if not known, designate the defendant by any name or description by which the defendant can be identified with reasonable certainty;

(b) State the date and place of the offense as definitely as can be done;

(c) State the facts that support a finding of probable cause to believe an offense was committed and that the defendant committed it;

(d) If a warrant will be requested, state the facts, if any, that support a finding of reasonable grounds to believe the defendant will not appear upon a summons or the defendant poses a danger to a crime victim, the community, or any other person;

(e) State that the facts contained therein are true; and

(f) Be signed and on a form bearing notice that false statements made therein are punishable by law.

Mo. R. Crim. P. 22.03

Adopted June 13, 1979, eff. 1/1/1980. Amended June 10, 1980, eff. 1/1/1981; 1/28/2002, eff. 1/1/2003; amended December 18, 2018, eff. 7/1/2019.

Committee Note - 1979

The following portions are new:

(1) ". . . and a finding by the court that sufficient facts have been stated therein to show probable cause that a felony has been committed. . . ."

(2) ". . . unless the court orders the issuance of a summons."

Compare: Prior Rule 21.08, prior Rule 21.10 and Fed. R. Crim. P. 4(a).