If a defendant has been found guilty in municipal court after a trial, they have the right to challenge the municipal court decision by filing an application for a trial de novo. A trial de novo is a retrial that is conducted in the Associate Circuit Court like a new trial, as if no hearing took place before in the lower court. The application for the trial de novo must be made within 10 days from the municipal court trial. No extensions of time can or will be made.
The defendant has the right to have their case heard in the county in which the offense occurred, which could be any county Kansas City encompasses: Cass, Clay, Platte and Jackson. If the defendant does not specify which county he wants his case heard, it automatically goes to Jackson County.
The judges treat the cases as if they are brand new cases and do not care how many times the case was continued in municipal court. All of the judges will grant each side one continuance, but normally that is all.
The cases are automatically set for bench trials in an Associate Circuit Division; however, the defendant may request a trial by jury. If the defendant does request a jury trial, it will be placed on a different docket and will be continued to a later date.
If you are a witness on a case that may be appealed, please contact our office at (816) 513-3806 to leave any updated contact information so that we may contact you for trial.