Section 7.12 Preliminary Hearing or Prior Trial Transcript

• Library: Criminal Practice 2012 Supp

4. (§7.12) Preliminary Hearing or Prior Trial Transcript

Rule 25.03(A)(4) requires the state to disclose “[a]ny existing transcript of the preliminary hearing and of any prior trial held in the defendant’s case” if it is in the state’s possession or available to the state. Because there is no requirement that preliminary hearings be recorded or transcribed except as to homicides under § 544.370, RSMo 2000, it is unlikely that there would be a transcript of the preliminary hearing.

If defense counsel...