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Post Conviction Relief Rights Notice Form. This is a Missouri form and can be use in 27th Circuit Local Circuit Courts.
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Tags: Post Conviction Relief Rights Notice, Missouri Local Circuit Courts, 27th Circuit
COURT
Bates County, Supreme Court Rule 29.07 Rights Notice
COUNTY OF
Page 1 of 3
......................................................
:
Index No.
:
Calendar No.
IN THE CIRCUIT COURT OF BATES COUNTY, MISSOURI
:
Plaintiff(s)
CIRCUIT DIVISION
-against-
STATE OF MISSOURI
JUDICIAL SUBPOENA
:
)
:
)
:
Plaintiff,
) Defendant(s)
:
......................................................
vs.
)
Case No. CR
FX
)
THE PEOPLE OF THE STATE OF NEW YORK
DOB: _________________
)
SSN: _________________
)
TO
GREETINGS:
Defendant.
)
WE COMMANDPOST CONVICTION and excuses being laid aside, you and each of you attend before
YOU, that all business RELIEF RIGHTS NOTICE
,
the Honorable
at the
Court
located at
County of
The Missouri Rules of Criminal Procedure require that you be notified of the following:
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date,you believe that the judgment of conviction or sentence imposed in this case:
In the event to testify and give evidence as a witness in this action on the part of the
(1) Violates the constitution or laws of this state or the Constitution of the United States;
including failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
Your claims of ineffective assistance of trial or appellate counsel; or,
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
(2) That this to comply.
result of your failureCourt when imposing the sentence was without jurisdiction to do so; or,
(3) Witness, Honorable
The sentence imposed was in excess of the maximum sentenceone of the Justices of the
, authorized by law;
then,
Court in
County,
day of
, 20
you must seek relief in this court pursuant to Missouri Supreme Court Rule 24.035 if you have pled
guilty; or, Missouri Supreme Court Rule 29.15 if you had a trial, by filing a motion to vacate, set aside
(Attorney must sign above and type name below)
or correct the judgment or sentence.
This method of relief is the exclusive procedure by which you may seek relief for the claims
Attorney(s) for
enumerated above.
You must understand any motion to vacate, set aside, or correct the judgment or sentence:
(1) Must, if you pled guilty and did not appeal your conviction(s), be filed in this Court
Office and P.O. Address
within one hundred eighty (180) days of the date you are delivered to the custody of the
Missouri Department of Corrections.
(2)
Telephone No.:
Must if you had a trial by jury or by the court, be Facsimile No.:
filed in this Court:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
1/11/2005
COURT
Bates County, Supreme Court Rule 29.07 Rights Notice
COUNTY OF
Page 2 of 3
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:
Index No.
:
Calendar within one
(a) If you have not appealed your conviction(s) and sentence(s),No.
hundred eighty (180) days of the date you are delivered to the custody of the
:
JUDICIAL SUBPOENA
Plaintiff(s)
Missouri Department of Corrections; or,
-against-
:
(b) If you appealed your conviction(s) and sentence(s), within ninety (90)
days after the mandate of the appellate court is issued affirming your
:
conviction.
:
(3) Failure to file the motion within the time limit that applies to your case shall constitute
Defendant(s)
:
. . . .a . . . . . . . . .waiver by. you .of. any.rights you. have .under. these rules, or any claim you could
. complete . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
have raised in a motion under these rules.
(4)
There is a Criminal Procedure Form #40 available for your use in filing this motion,
THEand that form THE be made available to you upon request to the Missouri Department of
PEOPLE OF will STATE OF NEW YORK
Corrections.
TO
(5)
There will be no cost deposit required for you to file this motion.
(6) The motion to vacate shall include every claim known to you for vacating, setting
aside or correcting your judgment or sentence. You shall declare in the motion that you
haveWE COMMAND for relief known to you and acknowledge that you understandof you attend before
listed all claims YOU, that all business and excuses being laid aside, you and each that you
waive any
,
the Honorable claim for relief known to you that is not included in your motion.
at the
Court
GREETINGS:
located at
County of
(7) If you are indigent and file such motion on your own, an attorneythe be noon, and at any recessed
appointed to
in room
, on the
day of
, 20
, at
o'clock in will
represent you. testify and give evidence as a witness in this action on the part of the
or adjourned date, to
(8)
You are entitled to file only one such motion.
(9) Your failureprovisions with this subpoena24.035 and 29.15 contempt of court and will make you liable to
There are to comply under both Rule is punishable as a allowing an amended motion
the party onstrict time limits. subpoena was issued for a maximum penalty of $50 and all damages sustained as a
within whose behalf this
result of your failure to comply.
(10) Your motion is to be filed with the Circuit Clerk of this Court with two extra copies.
YourWitness, is not considered filed until the day the Circuit Clerk , one of the Justices of the
motion Honorable
received it.
Court in
County,
day of
, 20
I acknowledge that I have read the foregoing (or had it read to me); that I understand it; and,
that a complete copy of this form has been given to me.
(Attorney must sign above and type name below)
Date signed: ____________________________
_______________________________________
Attorney(s) for
Defendant's Signature
Office and P.O. Address
_______________________________________
Telephone No.:
Witness to Defendant's Signature
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
1/11/2005
COURT
Bates County, Supreme Court Rule 29.07 Rights Notice
COUNTY OF
Page 3 of 3
......................................................
:
Index No.
:
Plaintiff(s)
Date Signed
-against-
Calendar No.
:
JUDICIAL SUBPOENA
Defendant
:
:
:
Defendant(s)
:
......................................................
Witness to Defendant's
Signature
THE PEOPLE OF THE STATE OF NEW YORK
TO
GREETINGS:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable
at the
Court
located at
County of
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date, to testify and give evidence as a witness in this action on the part of the
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
result of your failure to comply.
Witness, Honorable
Court in
County,
, one of the Justices of the
day of
, 20
(Attorney must sign above and type name below)
Attorney(s) for
Office and P.O. Address
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
1/11/2005
