Section 6.9 General Rule
| Library | Criminal Practice 2012 Supp |
A. (§6.9) General Rule
Rule 22.09(a) provides that the judge must hear evidence at a preliminary hearing within a reasonable time. Failure to hold a preliminary hearing within the time specified in the Rule or failure to comply with § 544.320, RSMo 2000 (see the discussion in the paragraph below) does not oust the court of jurisdiction. State ex rel. Wagner v. Blersch, 660 S.W.2d 479 (Mo. App. S.D. 1983). And if the state’s motion for continuance is denied, it may always dismiss the charge and re-file the case. There is, therefore, no statutory time limit regarding when a preliminary hearing must be held, how many continuances...
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