Mo. R. Crim. P. 33.18

As amended through November 19, 2024

Rule 33.18 - Misdemeanors or Felonies-Bonds-Compensated Surety-Affidavit of Justification-Additional Investigation-Approval

Each surety who shall charge or receive compensation for signing a bond shall specify by affidavit that he possesses the qualifications specified in Rule 33.17. He shall execute a separate affidavit to establish his qualifications for each bond he proposes to execute. If he has on file an affidavit relating to all bonds in force on the first day of the then current calendar month, the separate affidavit as to other bonds executed during such calendar month, may be limited to the requirements of paragraph (e) of this Rule and appropriate reference shall be made therein to the separate affidavit of qualification currently relied upon to establish the surety's qualifications under these Rules. The oath to such affidavit shall be administered by the judge, clerk or officer who is authorized to take and approve the bond. The affidavit shall be on a suitable form which shall be provided. In addition to the matters specified in Rule 33.17, it shall contain:

(a) An accurate legal description of the real estate which the surety proposes to justify as to his sufficiency, together with a description of the improvements located thereon, and the location of the property by street address if it is located in a city or town;

(b) The latest assessed value of such property;

(c) An accurate description of the personal property which the surety proposes to justify as to his sufficiency and a statement of its reasonable market value;

(d) A list of all bail bonds upon which he is surety and upon which his obligation remains undischarged, the amount of each bond, the name of the principal or defendant, the offense charged, and the court in which such bond is pending; and

(e) A statement whether or not he or anyone for his use has been promised or has received any consideration or security for his suretyship, and if so, the nature and amount thereof, and the name of the person, by whom such promise was made or from whom such security or consideration was received.

The judge, clerk, or officer to whom such affidavit of justification is submitted may make such additional investigation concerning the qualifications of the surety as he shall deem necessary and for this purpose shall have authority to administer all necessary oaths. No bond shall be approved unless the surety thereon appears to be qualified under the requirements of these Rules.

Mo. R. Crim. P. 33.18

Adopted June 13, 1979, eff. 1/1/1980.

Committee Note - 1980

Compare: Prior Rule 32.16.