Section 10.16 The Motion

• Library: App Ct Prac 2013 Supp - Forms

The motion shall be filed substantially in the form of Criminal Procedure Form No. 40, which follows. This form is available at:

www.courts.mo.gov/courts/clerkhandbooksp2rulesonly.nsf/c0c6ffa99df4993f86256ba50057dcb8/efd9acd98321f00786256ca6005213af?OpenDocument

Motion to Vacate, Set Aside or Correct the Judgment or Sentence

In the Circuit Court of _______________ County,

State of Missouri

Full name of Movant )

v. ) Case No. ____________

State of Missouri, ) (To be supplied by the Clerk

Respondent. ) of the Circuit Court)

Instructions—Read Carefully

In order for this motion to receive consideration by the Circuit Court, it shall be in writing (legibly handwritten or typewritten), signed by the movant, and it shall set forth in concise form the answers to each applicable question. If necessary, movant may furnish an answer to a particular question on the reverse side of the page or an additional blank page. Movant shall make it clear to which question any such continued answer refers.

This motion must be filed in the Circuit Court which imposed sentence.

The movant is required to include in this motion every claim known to him for vacating, setting aside or correcting the conviction and sentence or it will be waived or abandoned. Be sure to include every claim.

Movants should exercise care to assure that all answers are true and correct.

If the motion is taken in forma pauperis, it shall include an affidavit setting forth information that establishes that movant will be unable to pay costs of the proceedings. When the motion is completed, the original and two copies shall be mailed to the Clerk of the Circuit Court from which the movant was sentenced.

Motion

1. Place of detention:

__________________________________________________________________________

2. Name and location of court which imposed sentence:

___________________________________________________________________________

___________________________________________________________________________

3. The case number and the offense or offenses for which sentence was imposed:

______________________________________________________________________________________________________________________________________________________

___________________________________________________________________________

4. (a) The date upon which sentence was imposed and the terms of the sentence:

________________________________________________________________________

________________________________________________________________________

(b) The date on which you were delivered to the custody of the department of corrections to serve the sentence you wish to challenge.

________________________________________________________________________

________________________________________________________________________

5. Check whether a finding of guilty was made:

(a) After a plea of guilty __________________

(b) After a plea of not guilty _______________

6. Did you appeal from the judgment of conviction? _________________________________

7. If you answered “yes” to (6), list

(a) the name of the court to which you appealed:

________________________________________________________________________

________________________________________________________________________

(b) the result in such court and the date of such result:

_______________________________________________________________________

_______________________________________________________________________

(c) the date the appellate court’s mandate issued.

_______________________________________________________________________

_______________________________________________________________________

8. State concisely all the claims known to you for vacating, setting aside or correcting your conviction and sentence:

(a)...