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Court Operating Rules

Section/Rule:COR 21
Subject: Court Operating Rule 21 Publication / Adopted Date:December 18, 1998
Topic:Court Costs, Fees, Miscellaneous Charges and SurchargesRevised / Effective Date:August 28, 2013

Court Operating Rule 21

Rule 21.01 Amount of Costs, Fees, Miscellaneous Charges and Surcharges
Rule 21.02 Distribution of Fees
Rule 21.03 Statewide Court Automation Case Management
Rule 21.05 Election To Comply With Admininstrative Rule 21.03
Rule 21.06 Participation in Missouri Court Tax Offset Program
Rule 21.07 Participation in Court Debt Collection Program
Rule 21.08 Settlement Agreements Offered by Debt Collection Program
Rule 21.09 Payment Plans
Rule 21.10 Debit and Credit Cards
Rule 21.11 Administrative Plan for Collection of Court Debt
Rule 21.12 Fine Collection Center
Rule 21.13 Time Payment Fee

21.01 AMOUNT OF COSTS, FEES, MISCELLANEOUS CHARGES AND SURCHARGES

(a) The costs, fees, miscellaneous charges and surcharges authorized on December 31, 2005, shall remain in effect until further order of this Court, except that in lieu of the provisions of section 488.012, RSMo, the costs shall be as follows:

(b) The appellate docket fee shall be $70, which includes the $50 clerk fee, pursuant to section 483.500, RSMo, and the $20 basic legal services fund surcharge, pursuant to section 488.031, RSMo.

(c) The court clerk shall collect and disburse the above fees in a manner provided by sections 488.010 to 488.020, RSMo, and Court Operating Rule 21.02; however, none of the above fees shall be collected in any proceeding involving a violation of an ordinance or state law when a criminal proceeding or defendant has been dismissed by the court or when costs are waived or are to be paid by the state, county or municipality. This Court Operating Rule 21.01(c) shall not apply if costs are taxed to the defendant in a criminal proceeding and the state is responsible for payment of costs pursuant to section 550.020, RSMo, because the defendant has been declared indigent.

(Adopted Dec. 19, 1997, eff. July 1, 1998. Amended eff. Dec. 23, 1998; July 1, 1999; Dec. 16, 1999, eff. July 1, 2000; Dec. 23, 2003, eff. July 1, 2004; Dec. 15, 2005, eff. July 1, 2006.)

21.02 DISTRIBUTION OF FEES

(a) The fees collected pursuant to Court Operating Rule 21.01(a)(1), (2), (3), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), and (18), except the $12 fee referenced therein, by clerks in all divisions of the circuit courts, other than the municipal divisions, and the Fine Collection Center shall be paid over within 30days of the date that the fee, cost or charge was received, as follows:

(b) The fees collected pursuant to Court Operating Rule 21.01(a)(19) and (20) by clerks in all divisions of the circuit courts, other than the municipal divisions, shall be paid over within 30 days of the date that the fee, cost, or charge was received to the director of revenue, to be deposited to the general revenue fund.

(c) The fees collected pursuant to Court Operating Rule 21.01(a)(4) by clerks and the Fine Collection Center shall be paid to the director of revenue to be deposited in the court automation fund pursuant to section 488.027, RSMo.

(d) The fees collected pursuant to Court Operating Rule 21.01(a)(21) by clerks and the Fine Collection Center shall be retained by the court or the Fine Collection Center to offset related costs.

(e) The fees collected pursuant to Court Operating Rule 21.01(a)(22) by clerks shall be paid into the county treasury, or in the case of the city of St. Louis, into the city treasury or to the appropriate entity.

(f) The $12 fee collected by clerks pursuant to Court Operating Rule 21.01(a)(5) shall be paid into the municipality treasury.

(g) The appellate fees collected pursuant to Court Operating Rule 21.01(b) by clerks in all division of the circuit courts, other than the municipal divisions, shall be paid over within 30 days of the date that the fee was received. The clerk fee shall be paid to the director of revenue, to be deposited to the general revenue fund, and the basic civil legal services fund surcharge shall be paid to the director of revenue to be deposited to the basic civil legal services fund.

(Adopted Dec. 23, 2003, eff. July 1, 2004. Amended Dec. 15, 2005, eff. July 1, 2006.)

21.03 STATEWIDE COURT AUTOMATION CASE MANAGEMENT

(a) When the office of state courts administrator determines that a circuit court or a division thereof is prepared to use the statewide court automation case management system for purposes of collecting and disbursing court costs, fees, miscellaneous charges, and surcharges, the court or division shall collect and disburse said items as provided by this Court Operating Rule 21.03.

(b) For all cases filed on or after the effective date that the court or division becomes subject to this Court Operating Rule 21.03, the court or division shall collect court costs, fees, miscellaneous charges, and surcharges according to a schedule approved by this Court. The schedule shall set out consolidated amounts to be collected according to various case types. The court or division also shall collect any other court costs, fees, miscellaneous charges, and surcharges as provided by the Office of state courts administrator. COR 21.03 - ORDER.pdfCOR 21.03 - ORDER.pdfCOR 21.03 - Schedule of Cost (Trial Cost).pdfCOR 21.03 - Schedule of Cost (Trial Cost).pdfCOR 21.03a - Schedule of Cost (Municipal and County).pdfCOR 21.03a - Schedule of Cost (Municipal and County).pdfCOR 21.03 - Civil Cost Cards.pdfCOR 21.03 - Civil Cost Cards.pdfCOR 21.03 - County Municipal Cost Cards.pdfCOR 21.03 - County Municipal Cost Cards.pdfCOR 21.03 - Criminal Cost Cards.pdfCOR 21.03 - Criminal Cost Cards.pdfCOR 21.03 - JIS Municipal Cost Cards.pdfCOR 21.03 - JIS Municipal Cost Cards.pdfCOR 21.03 - Municipal Cost Cards.pdfCOR 21.03 - Municipal Cost Cards.pdfCOR 21.03 - Probate Cost Cards.pdfCOR 21.03 - Probate Cost Cards.pdf
(c) A court or division subject to this Court Operating Rule 21.03 shall disburse collections of court costs, fees, miscellaneous charges, and surcharges, except for bonds and excess filing deposits, in the month in which such amounts are collected. All disbursements shall be made pursuant to a schedule approved by this Court. The schedule shall provide that stated percentages of the consolidated amount be disbursement for fees not included in the consolidated amount.

(d) For cases filed prior to the time that the court or division becomes subject to this Court Operating Rule 21.03, the court or division shall collect and disburse court costs, fees, miscellaneous charges, and surcharges as directed by the office of state courts administrator consistent with applicable statutes.

(Adopted Dec. 18, 1998, eff. July 1, 1999. Amended Feb. 22, 2000. Amended Aug. 16, 2013, eff. Aug. 28, 2013)

21.05 ELECTION TO COMPLY WITH COURT OPERATING RULE 21.03

A circuit court or division that does not use the statewide court automation case management system for purposes of collecting and disbursing court costs, fees, miscellaneous charges, and surcharges my elect to comply with Court Operating Rule 21.03, in lieu of complying with other provisions for collecting and disbursing court costs, fees, miscellaneous charges, and surcharges, by so notifying the state courts administrator at least thirty days prior to the election being effective.

(Adopted Dec. 18, 1998, eff. July 1, 1999. Amended Feb. 22, 2000.)

21.06 PARTICIPATION IN MISSOURI COURT TAX OFFSET PROGRAM

All courts utilizing the Justice Information System (JIS) on July 1, 2006, shall participate in the Missouri Court Tax Offset program for the collection of delinquent court costs and fines. All other courts shall participate in the program within six months of JIS implementation in the court.

(Adopted Dec. 20, 2005, eff. July 1, 2006.)

21.07 PARTICIPATION IN COURT DEBT COLLECTION PROGRAM

All divisions of the circuit courts using JIS shall participate in the Missouri court debt collection program for the collection of accounts receivable. Participation in the program requires such divisions to create payment plans in JIS for all amounts not paid in full at case disposition. Participation also requires such divisions to obtain the debtorsí social security number and ensure the number is recorded accurately in JIS before granting a payment plan.

(Adopted April 14, 2011, eff. Jan. 1, 2012.)

21.08 SETTLEMENT AGREEMENTS OFFERED BY DEBT COLLECTION PROGRAM

All courts may offer settlement agreements through the state contracted debt collection agency. The settlement agreements shall comply with the policies and procedures established by the court en banc for each circuit. Any waiver of fees must be approved by the judge presiding over the case.

(Adopted April 14, 2011, eff. Jan. 1, 2012.)

21.09 PAYMENT PLANS

The court en banc for each circuit utilizing JIS shall establish payment plan policies and procedures. The policies and procedures should address at least the effective date, the minimum payment at case disposition and prior to granting a payment plan, and the minimum monthly payment to ensure the repayment time frame is reasonable.

(Adopted April 14, 2011, eff. Jan. 1, 2012.)

21.10 DEBIT AND CREDIT CARDS

All divisions of the circuit courts, except municipal divisions, shall accept debit and credit cards. The divisions may contract with a debit/credit card vendor or use the state contracted vendor. Municipal divisions are encouraged to accept debit and credit cards.

(Adopted April 14, 2011, eff. Jan. 1, 2012.)

21.11 ADMINISTRATIVE PLAN FOR COLLECTION OF COURT DEBT

All circuit courts shall develop a formal administrative plan for collection of court debt. The plan shall be reviewed and evaluated annually to ensure results are consistent with the plan objectives. The plans should address at least the following topics: settlement agreements, payment plans, coordination with probation and parole, collection of board bills, review and write off of accounts receivables deemed uncollectible, and sanctions for non-payment of debt.

(Adopted April 14, 2011, eff. Jan. 1, 2012.)

21.12 FINE COLLECTION CENTER

All divisions of the circuit courts, except municipal divisions, shall participate in the fine collection center.

(Adopted April 14, 2011, eff. Jan. 1, 2012.)

21.13 TIME PAYMENT FEE

All divisions of the circuit courts, except municipal divisions, shall assess a $25 time payment fee on all cases not paid in full within 30 days of disposition.

(Adopted April 14, 2011, eff. Jan. 1, 2012.)