(a) Purpose of Rule; Forms; Definitions. This Rule is adopted pursuant to Fed. R. Crim. P.
58 to promote the more efficient administration of justice and improve the effectiveness of
court administration. The Court en banc may adopt any form related to the implementation
of this Rule, including a violation notice form, and may establish the procedures to be
followed in issuing, filing, and processing violation notices. As used in this Rule, “charge,”
“offense,” and “violation” mean the violation set forth on the face of this violation notice.
(b) Payment of Fixed Sum in Lieu of Personal Appearance for Specified Misdemeanors.
A defendant who is charged with committing a misdemeanor specified in Rule 99.10(c) –
whether chargeable under an applicable federal statute or regulation or an applicable state
statute or regulation by virtue of the Assimilative Crimes Act, 18 U.S.C. § 13 – may, prior
to or at the time fixed for appearance, pay a fixed sum to the Clerk in lieu of personal
appearance before the Court. Upon receiving this payment, the Clerk must terminate the
proceeding. By making this payment, the defendant signifies that he or she:
1. Does not contest the charge;
2. Does not request a trial before a judge;
3. Agrees that the payment is the equivalent of a plea of guilty; and
4. Agrees that the amount so paid is forfeited to the United States.
(c) Schedules. The “Omnibus Fine Schedule for Misdemeanor Offenses in Lieu of Personal
Appearance” sets out the misdemeanor offenses for which a fixed sum may be paid in lieu of
personal appearance, and the sum to be paid.
(d) Access and Modifications to Schedules. The “Omnibus Fine Schedule for Misdemeanor
Offenses in Lieu of Personal Appearance” specified in Rule 99.10(c) is not published as part
of these Rules but is incorporated into this Rule by reference. The Clerk must maintain copies
of the schedule for examination by the public during regular business hours upon request in
the Clerk’s Office in Kansas City, Springfield, and Jefferson City. The Court en banc may
issue an order amending or supplementing any such schedule, substituting a page bearing a
new number or numbers and the effective date.
(e) Mandatory Personal Appearances. A defendant must personally appear before the Court,
and may not pay a fixed sum in lieu of appearance, if the alleged violation:
1. Is not shown on a schedule specified in Rule 99.10(c);
2. Involves the operation of a motor vehicle which was involved in a collision;
3. Is for operating a motor vehicle while under the influence of an intoxicating liquor,
narcotic, or controlled substance;
4. Is for leaving the scene of a motor vehicle accident;
5. Is for operating a motor vehicle while operator’s or chauffeur’s licensee is under
suspension or has been revoked;
6. Is for operating a motor vehicle without being licensed to drive;
7. Is for exceeding the speed limit, except on a military installation, by more than 15 miles
per hour when operating a motor vehicle;
8. Is for exceeding the speed limit, on a military installation by more than 20 miles per hour
when operating a motor vehicle; or
9. Is for a second moving traffic violation occurring within the preceding 12-month period
when operating a motor vehicle.
(f) Arrests for Misdemeanor Violations. If, in the opinion of the enforcement officer or agent,
the circumstances surrounding the alleged violation are so aggravated that payment of the
specified sum may not be adequate punishment for the offense, or if the offense is one
specified in Rule 99.10(e), this Rule does not prohibit the officer or agent from arresting the
alleged offender and taking the offender immediately before a magistrate judge, or requiring
the person, upon written notice, to appear before the Court.
