Section 20.3 Pleadings

• Library: Criminal Practice 2012 Supp

III. (§20.3) Pleadings

Criminal cases are initiated by written pleadings just as civil cases are ordinarily initiated by the filing of a petition. The criminal pleading that is analogous to a civil petition may be either:

· a complaint;

· an information; or

· an indictment.

Regardless of the form used, the primary function of the pleading is to inform defendants specifically of the charges against them.

Complaints, which are used when the prosecuting attorney initiates a felony case in the associate circuit division, must comply with Rule 22.02 as to form and contents. The form and content of both indictments and informations are governed by Rule 23.01.

An indictment is, of course, the form of initial pleading used when the charge originates with a grand jury. An information is the initial pleading filed by the state in the circuit division when the charge originates by the filing of a prosecutor’s complaint in the associate circuit division and there has been either a preliminary hearing or an express waiver of a preliminary hearing.

There are several pleadings that may be filed on behalf of a defendant. If the state’s pleading, whether an indictment or information, is not believed to be in compliance with the applicable rule as to form and content, that issue can be raised by a motion to dismiss. If it is believed that the indictment or information alleges the essential facts of the offenses charged but fails to adequately inform the defendant of the particulars of the offense sufficiently to prepare a defense, this issue may be raised by filing a motion for a bill of particulars in accordance with Rule 23.04. It should be noted that a motion for a bill of particulars must generally be filed within ten days following arraignment, which will usually occur at the defendant’s first appearance in the circuit court. Rule 23.04 does allow a court the discretion to allow a motion for a bill of particulars to be filed after the ten-day period.

Issues pertaining to improper joinder of offenses or defendants may also be raised by motion. See Rules 23.05 and 23.06.

Special rules of pleading apply when a defendant wishes to raise the defense of not guilty by reason of mental disease or defect. The title of § 552.010, RSMo 2000, “Mental disease or defect defined,” suggests that it contains a codified definition of mental disease or defect. This section is more helpful for the purpose of defining some of the abnormalities that do not constitute a mental disease or defect. Section 552.030.1, RSMo 2000, does contain a description of the defense. It provides that, “A person is not responsible for criminal conduct if, at the time of such conduct, as a result of a mental disease or defect such person was incapable of knowing and appreciating the nature, quality, or wrongfulness of such person’s conduct.” Section 552.030.2 contains the requirement that the defense must be specifically pleaded, either at the time of arraignment or at such later date as the court may permit. Courts are generally fairly liberal in allowing the assertion of the plea at a later date because the issue of a defendant’s mental stability is...