Other Criminal Procedure Municipal procedures, interrogatories, subpoenas, motions

viper515

Member
Jurisdiction
Kansas
I am the defendant in said criminal case.

Our state statute is specifically vague on municipal procedures. I contacted the municipal court in which my case resides requesting any documents for court procedure as there is none listed on their site. They were no help. But I am sure they will be quick to say "that is not how we do it here". How can I learn their procedures or would this fall back on a common code?

I sent a certified letter requesting discovery pursuant to state statute but the clerk indicated she will see if they can use it and usually require a motion signed by the judge and prosecutor. I suspect they may try to make this process difficult but I am still entitled to discovery. Does this usually require my appearance? I will also need to subpoena phone records of the complainant, should this be filed after discovery?

I also would like to submit interrogatories to the complainant. I cannot find any code that specifically permits or denies this. Where might I find information on this?

I suspect this case may go to trial, and probably appealed to district court if they do not drop it, in which I cannot enter new evidence so I would like to enter all evidence now.
 
You're a criminal defendant, not a civil defendant.
You can't send interrogatories to the state's witnesses.
You can cross-examine them on the witness stand, eventually.
Discovery in criminal matters is quite unlike discovery in civil matters.

That said, your case is in a muni court.
Municipal courts are the lowest level courts in most states.
Lower level courts are, by nature, required to observe certain elements of criminal procedure as higher level courts, courts of record.
Muni courts are NOT courts of record, however, should you get convicted your appeal will be to a higher court, one of record.


This should help:


Municipal Courts



Rule 037 -- Statutory and Ordinance Violations and Violation Bureaus



More:


Municipal Court Missouri - info.com
 
Thank you. I am in KS but I assume only small differences in municipal procedure. I sent a certified letter to the courts requesting discovery, citing the state statute for discovery but under CH12 for KS, there is additional language for municipal courts but is very vague.

http://kslegislature.org/li_2012/b2..._article/012_044_0010_section/012_044_0010_k/

I cited discovery under state statute as there is much more language in there.


Statute | Kansas State Legislature


There is language about subpoena filing but I am still trying to determine what is regulated. I need to subpoena the complainant's phone records. It sounds like if interrogatories are not permitted, I should be permitted to obtain other evidence by way of subpoena.


Further, I would like to enter statements made from another court case. Without an interrogatory, I really need this evidence. Is that even a possibility?
 
Thank you. I am in KS but I assume only small differences in municipal procedure. I sent a certified letter to the courts requesting discovery, citing the state statute for discovery but under CH12 for KS, there is additional language for municipal courts but is very vague.

Statute | Kansas State Legislature

I cited discovery under state statute as there is much more language in there.


Statute | Kansas State Legislature


There is language about subpoena filing but I am still trying to determine what is regulated. I need to subpoena the complainant's phone records. It sounds like if interrogatories are not permitted, I should be permitted to obtain other evidence by way of subpoena.


Further, I would like to enter statements made from another court case. Without an interrogatory, I really need this evidence. Is that even a possibility?

Sorry, I had a brain freeze or senior moment using MO instead of KS.

Municipal courts deal with violations of city ordinances committed within city limits. Cases usually involve traffic or other minor offenses.

A person charged with an offense in municipal court may be represented by a lawyer. The judge hears cases without a jury. Anyone convicted in municipal court may appeal to the district court of the county where the municipal court is located.

Municipal judges in Kansas who are not lawyers must be certified by the Kansas Supreme Court to hold office. A judge has 18 months from taking office to pass an examination given by the Supreme Court. Each year, nonlawyer judges must attend 10 hours of continuing legal education provided by the Supreme Court.



Okay, here's more you need to know about KS muni courts:


http://www.kscourts.org/kansas-courts/municipal-courts/Municipal-Clerks-Manual.pdf
 
You can't just subpoena information unless its connected to your case.
That means, you might have to file a motion to request such a subpoena.
These courts aren't sophisticated.
These courts often don't have lawyers presiding as judges, just like Texas Justice of the Peace Courts.

The presiding official is an elected (could be appointed) person wanting to serve the community.

You're not going to be able to make the arguments before these judges that you'd make before a court of record.

Anyone convicted in municipal court may appeal to the district court of the county where the municipal court is located.

You need to find out what court that'll be, when you're convicted.

Other than that, negotiate with the city attorney to see if your case can be dismissed.

As I said, interrogatories aren't going to even be entertained in the lowest level of courts.

Here's an illustration from Overland Park.
There are no jury trials held in Overland Park, Kansas' Muni Court.

A judge conducts all trials under the Code of Criminal Procedure, the Code of Municipal Courts, the Kansas Rules of Evidence and Overland Park Municipal Code.

The good news in any muni court trial, if you appeal to District Court, you are entitled to a trial de novo, a new trial as though the Municipal Court trial had never taken place.

It takes about two or three months for an appeal case to be heard by the District Court.

That's where you can subpoena records, and have a jury empaneled to try the facts of the case.

BUT BUT BUT BUT

This is how they try to screw you.

To appeal, you must post bond and file a proper notice with a Municipal Court clerk.

That means you must pay in FULL all fines, and complete any jail time.

That's justice ain't it? LOL

You have 14 days after a conviction to file this notice, which can be picked up from the Court Clerk's Office.

You must either:

Post an appearance bond, or
Pay all fines and begin serving any jail term imposed on the same day the verdict is issued.


I'm not sure how Kansas does it, but usually an appeals bond from muni courts can be trebled, quadrupled, or even quintupled from the base fines, fees, and costs.
 
Your linked manual certainly answers a LOT of questions! Thank you!
I can tell you that our presiding judge is a defense attorney, practicing near our town.
From what you are saying, we may be able to enter new evidence when we appeal or at least enter things that were not allowed at the municipal level?

Regarding appeal procedure, I have been through appeal with this municipality before. As soon as the judge found me guilty, I requested an appeal, in which they issued a bond immediately. I filed my papers with the dist court, and paid their fee. I was never told I would need to pay the fines they imposed? That never went to trial as city filed a motion to dismiss nearly the same day as they received notice of appeal, citing an error in procedure and not in their jurisdiction (but convicted me non the less!) **EDIT, I must have been given an OR bond?

Of course I cannot know for sure, but I doubt any jail time would be imposed here but I suspect a fine is likely.

As far as subpoenas, yes I can certainly see where this would require a formal motion but some of my tactic is to make this more of a mess for the prosecutor hoping they will fold the cards...

I cannot find any code to direct the possibility of subpoena of statements from another case? Can that be done? I can certainly connect the need to have it, as I believe the credibility of the alleged victim is in question. That other case has not even been heard yet though.
 
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That never went to trial as city filed a motion to dismiss nearly the same day as they received notice of appeal, citing an error in procedure and not in their jurisdiction (but convicted me non the less!)

From that experience you haven't figured out that you are in way over your head without an attorney?

I need to subpoena the complainant's phone records.

If the "complainant" is the police officer or prosecutor then I would think you request that as part of discovery.

If the "complainant" is whoever reported the crime then a subpoena might be proper.
 
If you're trying to bring in prior bad acts to question the veracity of the alleged victim, and need to bring in a prior conviction, ask the muni clerk how. It may be possible to orally request it at trial, then get the matter continued a day or two, or do so by written motion prior to trial. I'm betting the persecutor will object, or the muni court can't or won't order it.

More than likely, it'll be addressed upon appeal, if you get convicted.
By raising a ruckus, you might get lucky and have the case dismissed.

If that happens, never engage in self help remedies again.

Cats don't have nine lives, and we have only one.
Don't keep pushing your luck, especially in a small town.
 
I am only months away from moving out on some comfortable acreage to be left alone!! Been here 25yrs and exploded from a small town, to a nightmare. The towns insisted on bring in limited income housing projects.....Guess what came with them? I want to be GONE....
 
I am only months away from moving out on some comfortable acreage to be left alone!! Been here 25yrs and exploded from a small town, to a nightmare. The towns insisted on bring in limited income housing projects.....Guess what came with them? I want to be GONE....

There you go.
I can imagine what such offers attract. LOL
 
I have gathered my case file from the municipality. I will need to obtain either a voluntary statement or subpoena a minor witness, age approx 13yo (may be 14). My hope is for a voluntary statement that the prosecutor will accept so as to avoid any subpoena. Where is it written about minor witnesses in municipal court?
 
I have gathered my case file from the municipality. I will need to obtain either a voluntary statement or subpoena a minor witness, age approx 13yo (may be 14). My hope is for a voluntary statement that the prosecutor will accept so as to avoid any subpoena. Where is it written about minor witnesses in municipal court?


I suggest you speak with the court clerk about minors testifying.

You'll need a compelling reason to get that 13 year old on the witness stand.

See what the clerk says, and then proceed accordingly.
 
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