If you were convicted of a felony after a trial in Missouri, Rule 29.15 is usually your one chance to raise problems the trial record cannot show, like a lawyer who failed to investigate or gave you bad advice. It is also one of the least forgiving procedures in Missouri law. This guide walks through how it works, step by step, under the rule as amended effective July 1, 2023.
For a shorter overview of both post-conviction rules, see our Rule 29.15 and Rule 24.035 page.
The basics
What is a Rule 29.15 motion, and who can file one?
A Rule 29.15 motion asks the court that sentenced you to vacate, set aside, or correct the judgment. It is filed in that same circuit court, not in an appellate court.
Who it covers
A person convicted of a felony after a trial. If your case ended in a guilty plea, the corresponding procedure is Rule 24.035, which has its own rules.
What it can raise
Claims that the conviction or sentence violates the Missouri or U.S. Constitution or Missouri law, including ineffective assistance of trial or appellate counsel, a court acting without jurisdiction, or a sentence above the legal maximum.
For these claims, Rule 29.15 is the exclusive procedure in the sentencing court. There is no other route to raise them there.
The part that decides everything
What is the deadline to file a Rule 29.15 motion?
The deadline depends on whether you appealed. Under the current rule:
If you did not appeal
The motion is due within 180 days of the date your sentence was entered.
If you appealed and lost
The motion is due within 90 days after the appellate court issues its mandate affirming the judgment. The mandate is a specific event, and it usually comes after the opinion itself.
If the appellate court sent the case back for further proceedings, the clock restarts from the new judgment, on the same 180-day or 90-day terms depending on whether that judgment is appealed.
A motion sent by first-class U.S. Mail, correctly addressed with enough postage and mailed on or before the last day, counts as timely, and the postmark is the evidence of the date.
Missing the deadline is a complete waiver. The rule says so in those words: a late motion waives the right to proceed under Rule 29.15 and every claim that could have been raised in it.
Rule 29.15 was amended effective July 1, 2023, and the version that governs a case is generally the one in effect on the date of sentencing. Earlier versions measured the clock differently, and some guidance still online reflects the old rule. If you were sentenced before July 2023, confirm which version applies to you.
Step by step
What happens after a Rule 29.15 motion is filed?
- 1. The motion is filed. It is filed with the clerk of the trial court, substantially in the form of Criminal Procedure Form No. 40. No filing fee or cost deposit is required.
- 2. The clerk starts the process. The clerk sends a copy to the prosecutor, notifies the sentencing judge, and has the court reporter prepare the complete trial transcript if it is not already filed.
- 3. Counsel is appointed, if needed. If you filed on your own and cannot afford a lawyer, the court must appoint counsel within 30 days.
- 4. The amended motion. Counsel reviews the case and either files an amended motion that fully states the facts and claims, or files a statement explaining why no amendment is needed. This is generally due 120 days after counsel is in the case and the transcript (or, after an appeal, the mandate) is in place. The court cannot extend it.
- 5. The State responds. The prosecutor’s response is due 30 days after the amended motion deadline.
- 6. A hearing, or not. If the motion and the case records conclusively show you are not entitled to relief, the court decides without a hearing. Otherwise it holds an evidentiary hearing.
- 7. Findings and judgment. Either way, the court must issue written findings of fact and conclusions of law on every issue.
- 8. Appeal. The ruling is a final judgment that either side can appeal.
One chance
Why does every claim have to be in the motion?
Because there is no second motion. Rule 29.15 is built around getting everything in the first time.
You must list every known claim
The motion must include every claim you know of, and you must declare that you understand any known claim left out is waived.
No successive motions
The circuit court will not hear a second Rule 29.15 motion. A claim that is not raised properly in this proceeding is usually lost for good.
The amended motion stands alone
An amended motion cannot incorporate the original motion by reference. Every claim has to be written out in the amended motion itself.
The hearing is limited
Any hearing is confined to the claims in the last timely filed motion. New claims cannot be added at the hearing.
The hearing
What do you have to prove at a Rule 29.15 hearing?
You carry the burden of proving your claims by a preponderance of the evidence, meaning more likely than not.
Evidence outside the trial record
Unlike a direct appeal, a post-conviction hearing can involve new testimony and evidence, often including testimony from the trial lawyer whose work is being challenged.
You may not need to be there
The rule does not require you to be present at the hearing. The court can take your testimony by deposition instead.
For ineffective assistance claims, the standard is demanding: generally, that counsel’s performance fell below what the Constitution requires and that it affected the outcome. Disagreeing with a strategy your lawyer chose is usually not enough on its own. Our ineffective assistance guide explains the standard in detail.
The outcome
What can the court do if a Rule 29.15 motion succeeds?
If the court finds the judgment was entered without jurisdiction, the sentence was illegal, or your constitutional rights were violated in a way that makes the judgment open to challenge, it must vacate and set aside the judgment. It can then discharge you, resentence you, order a new trial, or correct the judgment and sentence, whichever fits the problem.
If the motion is denied, you can appeal. The appellate court reviews whether the trial court’s findings and conclusions were clearly erroneous, a deferential standard, which is one more reason the record built in the circuit court matters so much.
Answers
Rule 29.15 questions we hear
How long do I have to file a Rule 29.15 motion?
Under the current rule, 180 days from the date your sentence was entered if you did not appeal, or 90 days after the appellate court’s mandate if you appealed and the judgment was affirmed. Which version of the rule applies generally depends on your sentencing date.
What happens if I miss the Rule 29.15 deadline?
The rule treats a late motion as a complete waiver of the right to proceed under Rule 29.15 and of every claim that could have been raised. If you think you may be close to the deadline, or past it, talk to a lawyer right away.
Can I file a Rule 29.15 motion myself?
Yes. Many motions are first filed without a lawyer on Form 40, and if you cannot afford a lawyer the court must appoint one within 30 days. Because every known claim must be included and there is no second motion, having counsel involved as early as possible matters.
Can I file more than one Rule 29.15 motion?
No. The circuit court will not hear successive motions, so a claim left out of the first proceeding is usually lost.
Is a Rule 29.15 motion the same as an appeal?
No. A direct appeal reviews the trial record for legal error. A Rule 29.15 motion is filed in the circuit court that sentenced you and can raise problems outside the record, such as ineffective assistance of counsel, with new evidence. Many cases pursue both, in sequence. See our direct appeals page.
What if I pleaded guilty?
Then Rule 24.035 applies instead of Rule 29.15. The grounds overlap, but the rule you file under is set by how your case ended. See our post-conviction relief page.
Talk to us
The clock runs whether or not anyone explained it.
If you were convicted after a trial and believe your lawyer let you down, reach out. We will tell you where you stand, including where you are on the deadline.
Attorney advertising. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This article is general information about Missouri Supreme Court Rule 29.15 as amended effective July 1, 2023, not legal advice, and it does not create an attorney-client relationship. The version of the rule and the deadline that apply in any particular case depend on that case.
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