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Clerk Handbooks
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 Surcharges
Revised / Effective Date:
September 1, 2023
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Rule 21.05 [REPEALED]
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Rule 21.12 [REPEALED]
Rule 21.13 Payment Plan Administrative 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 December 19, 1997, effective July 1, 1998. Amended effective December 23, 1998; July 1, 1999; December 16, 1999, effective July 1, 2000; December 23, 2003, effective July 1, 2004; December 15, 2005, effective July 1, 2006; August 15, 2023, effective September 1, 2023.)

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, shall be paid over within 30 days 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 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 shall be retained by the court 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 December 23, 2003, effective July 1, 2004. Amended December 15, 2005, effective July 1, 2006; amended April 30, 2019, effective July 1, 2019 .)

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.pdf COR 21.03a - Schedule of Cost (Trial Cost).pdfCOR 21.03a - Schedule of Cost (Trial Cost).pdf


COR 21.03b - Schedule of Cost (Municipal).pdfCOR 21.03b - Schedule of Cost (Municipal).pdf COR 21.03c - Schedule of Cost (County Municipal Ordinance).pdfCOR 21.03c - Schedule of Cost (County Municipal Ordinance).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 disbursed to state entities. In addition the schedule shall establish a hierarchy of 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 December 18, 1998, effective July 1, 1999. Amended February 22, 2000; effective August 16, 2013, effective August 28, 2013; Amended August 28, 2014, effective August 28, 2014; Amended April 30, 2019, effective May 1, 2019; Amended June 29, 2021, effective July 1, 2021; Amended August 27, 2021, effective August 28, 2021.)

21.05 [REPEALED]

(Adopted December 18, 1998, eff. July 1, 1999. Amended February 22, 2000. Repealed August 15, 2023, effective September 1, 2023.)

21.06 PARTICIPATION IN MISSOURI COURT TAX OFFSET PROGRAM

All divisions of the circuit courts using the approved statewide case management system shall participate in the Missouri court tax offset program for the collection of delinquent court costs and fines.

Municipal divisions using the approved statewide case management system shall participate in the Missouri court tax offset program within six months of the implementation of the approved statewide case management system and the related accounting functionality.

Participation in the program requires such divisions to create payment plans in the approved statewide case management system for all amounts not paid in full at case disposition and to have the debtors’ social security number recorded accurately in the approved statewide case management system in order to transfer the debt to the Missouri department of revenue.

(Adopted December 20, 2005, effective July 1, 2006; Amended April 14, 2016, effective July 1, 2016.)

21.07 PARTICIPATION IN COURT DEBT COLLECTION PROGRAM

All debt collection must comply with section 558.006, RSMo, in that, when an offender is sentenced to pay a fine and defaults in the payment of the fine or in any installment, the fine or installment shall be collected by any means authorized for the collection of money judgments, other than a lien against real estate, or may be waived at the sentencing judge's discretion.

All divisions of the circuit courts using the approved statewide case management system shall participate in the Missouri court debt collection program for the collection of accounts receivable.

Municipal divisions using the approved statewide case management system shall participate in the Missouri court debt collection program within six months of the implementation of the approved statewide case management system and the related accounting functionality.

Participation in the program requires such divisions to create payment plans in the approved statewide case management system for all amounts not paid in full at case disposition.

(Adopted April 14, 2011, effective January 1, 2012; Amended April 14, 2016, effective July 1, 2016; Amended August 15, effective September 1, 2023.)

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, effective January 1, 2012.)

21.09 PAYMENT PLANS All courts shall utilize the approved statewide case management system and shall establish payment plan policies and procedures consistent with Rule 37.65 and sections 543.270, 558.004.4, and 558.006, RSMo. Prior to entering an order for a payment plan, when a fine, fee, or cost is assessed, or thereafter any time a fine, fee, or cost is due, if the defendant/debtor states he or she is unable to pay the amount then due, the judge shall inquire as to the defendant's/debtor's ability to pay. If the defendant/debtor has the ability to pay but is unable to pay when assessed or due or the defendant/debtor has no ability to pay, the court shall comply with the procedures set forth in Rule 37.65. Any payment plan, policy, or procedure established by the court should state the plan's effective date, the minimum payment due at case disposition, the minimum monthly payment amount, the means by which the court shall obtain the debtor's social security number pursuant to Court Operating Rule 4, and the collection procedure the court will utilize if there is a default in the payment.

(Adopted April 14, 2011, effective January 1, 2012; Amended August 15, 2023, effective September 1, 2023.)

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, effective January 1, 2012.)

21.11 ADMINISTRATIVE PLAN FOR COLLECTION OF COURT DEBT

All divisions of the 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, review and write off of accounts receivables deemed uncollectible, and sanctions for non-payment of debt.

(Adopted April 14, 2011, effective January 1, 2012. Amended April 30, 2019, effective July 1, 2019; Amended August 15, 2023, September 1, 2023.)

21.12 [REPEALED]

(Adopted April 14, 2011, effective January 1, 2012. Repealed October 15, 2018, effective May 1, 2019.)

21.13 PAYMENT PLAN ADMINISTRATIVE FEE

All divisions of the circuit courts, including municipal divisions, may assess a $25 payment plan administrative fee on all cases not paid in full within 30 days of disposition.

(Adopted April 14, 2011, effective January 1, 2012; Amended August 15, 2023, effective September 1, 2023.)