Appeals & Post-Conviction
Rule 29.15 & Rule 24.035 Motions in Missouri
When the problem with your case is something outside the trial record, like a lawyer who failed you, post-conviction motions under Rule 29.15 and Rule 24.035 are the way to raise it. The deadlines are strict, and they changed in 2023.
The basics
What is a Rule 29.15 motion in Missouri?
A direct appeal is limited to errors that appear in the trial record. But some of the most serious problems, like a defense lawyer who did not investigate, did not advise you properly, or failed to protect your rights, happen off the record. A Rule 29.15 motion is the separate proceeding built to raise exactly those issues after a conviction.
Two rules, two paths
Rule 29.15 or Rule 24.035: which one applies to you?
Which rule you file under depends on one thing: how your case ended. Filing under the wrong rule wastes time you may not have.
Rule 29.15, after a trial
If you were convicted after a trial, Rule 29.15 is the vehicle to challenge the conviction or sentence on grounds outside the direct appeal, including ineffective assistance of counsel.
Rule 24.035, after a guilty plea
If you pleaded guilty, Rule 24.035 is the corresponding path. For example, where a plea was not made knowingly and voluntarily, or where counsel’s advice fell short. Our Rule 24.035 guide
The part people miss
How long do I have to file a Rule 29.15 or 24.035 motion?
Both rules run on their own clock, separate from the direct appeal, and which clock applies depends on whether you appealed at all.
If you did not appeal
The motion is generally due within 180 days of your sentence being entered. The clock runs whether or not anyone has told you about it.
If you did appeal
The motion is generally due within 90 days after the appellate court issues its mandate. The mandate is a specific event, and it is not the same as the day the opinion came out.
Both rules were amended effective July 1, 2023. Older guidance about these deadlines is still circulating online and some of it is now wrong. The clock is short, it is not extendable the way people assume, and missing it can bar the claim for good. If you are anywhere near it, call before you are sure. For the full Rule 29.15 process, step by step, see our Rule 29.15 guide.
The claims
What grounds can a post-conviction motion raise?
These motions are not a second appeal and not a rehearing of the evidence. They are for problems the trial record could not show.
- Ineffective assistance of counsel that changed the outcome of your case.
- A guilty plea that was not knowing or voluntary.
- Failure to investigate or call available witnesses.
- Advice that misled you about the consequences of a plea.
- Constitutional violations that could not be raised on direct appeal.
Disagreeing with a strategy your lawyer chose is usually not enough on its own. The standard is demanding, and we will tell you what we see in the record rather than what you might want to hear.
The process
What happens after you file?
A fresh set of eyes
Because these motions often question the last lawyer’s work, bringing in new counsel matters. We review the case independently, without defending anyone’s prior decisions.
Developing the evidence
Unlike an appeal, post-conviction proceedings can involve new evidence and testimony. We investigate and build the record the trial did not have.
An amended motion
Where counsel is appointed or retained after an initial filing, the motion is often amended to raise the claims properly and completely. That stage has its own timing.
A hearing, in some cases
Some motions are decided on the written record. Others proceed to an evidentiary hearing where witnesses, including your former lawyer, can be examined.
Answers
Rule 29.15 and 24.035 questions we hear
What is the difference between Rule 29.15 and Rule 24.035?
Rule 29.15 applies after a conviction at trial. Rule 24.035 applies after a guilty plea. The grounds overlap a great deal, but the rule you file under is determined by how your case ended, not by what you want to argue.
How is a Rule 29.15 motion different from a direct appeal?
A direct appeal is limited to errors in the trial record. Post-conviction relief raises issues outside the record, most often ineffective assistance of counsel, and can involve new evidence. Many cases pursue both, in sequence.
How long do I have to file a Rule 29.15 motion?
Generally 180 days from the entry of your sentence if you did not appeal, or 90 days after the appellate mandate if you did. Both rules were amended effective July 1, 2023, so older guidance can be wrong. The deadline in your case depends on your case, and it is worth confirming early.
What is ineffective assistance of counsel?
It is a claim that your lawyer’s performance fell below what the Constitution requires and that it affected the outcome of your case. It is the most common ground for post-conviction relief, and the standard is demanding. See our ineffective assistance guide.
Do I need a different lawyer to file a Rule 29.15 motion?
Almost always. Because these motions frequently challenge the previous lawyer’s work, it takes independent counsel to evaluate the case honestly and raise the claim.
What happens if I miss the deadline?
Missing the window can bar the claim entirely, and these deadlines are not extendable the way people often assume. If you think you may already be late, that is a reason to call today rather than a reason not to.
Considering a direct appeal instead? See our Missouri direct appeals page and what can be raised on a direct appeal, or federal habeas corpus if the state process is finished. Where is your case? We handle appeals and post-conviction from Boone County and Cole County, and statewide.
Talk to us
If your lawyer let you down, there may still be a path.
Post-conviction deadlines are short and they run whether or not anyone has explained them to you. Reach out and we will tell you where you stand.
Attorney advertising. The choice of a lawyer is an important decision and should not be based solely upon advertisements. The information on this page is general and is not legal advice. Contacting Vindex Law, PC does not create an attorney-client relationship. Deadlines described here are general, and the deadline that applies to your case depends on your case.
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