Supreme Court of Missouri
en banc

In re:

Repeal of subdivision 21.01, entitled “Amount of Costs, Fees, Miscellaneous Charges and Surcharges,” and subdivision 21.02, entitled "Distribution of Fees," of Court Operating Rule 21, entitled "Court Costs, Fees, Miscellaneous Charges and Surcharges," and in lieu thereof adoption of a new subdivision 21.01, entitled “Amount of Costs, Fees, Miscellaneous Charges and Surcharges,” and a new subdivision 21.02, entitled "Distribution of Fees.”

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:


(1) $5 for the filing of a lien, pursuant to section 429.090, RSMo;

(2) $10 for a notice to a judgment creditor of a distributee, pursuant to section 473.618, RSMo;

(3) $3 for receiving and keeping a will, pursuant to section 474.510, RSMo;

(4) $7 for the statewide court automation fund, pursuant to section 488.027, RSMo;

(5) $12 for municipal division costs, $15 for municipal ordinance violations filed before an associate circuit judge, and $30 for applications for a trial de novo of a municipal ordinance violation, pursuant to section 479.260, RSMo;

(6) $10 for small claims division cases, pursuant to section 482.345, RSMo;

(7) $15 for each case disposed as a misdemeanor;

(8) $45 for each case disposed as a felony;

(9) $15 for each associate circuit division case;

(10) $45 for applications for trial de novo from small claims division and associate circuit division and $45 for filing of all other circuit civil cases;

(11) $1.50 for a certificate of naturalization, pursuant to section 483.535, RSMo;

(12) $115 when original letters are applied for in a decedent’s estate.  When the final inventory value of the real and personal property exceeds $50,000, an additional fee of $50 shall be assessed for each additional $50,000 up to $500,000 of inventory value.  Total fees under this section shall not exceed $565.00.  If an estate is reopened and the inventory value is revised downward, the fee shall not be refunded.  The fee shall provide one certified copy of the letters at no additional cost;

(13) $30 dollars for each additional 12 months a decedent's estate remains open, until the filing of the final settlement;

(14) In proceedings regarding guardianships and conservatorships:


(A) $60 when letters or successor letters are applied for in a guardianship of the person and/or conservatorship of the estate of a minor.  The fee shall provide one
certified copy of the letters at no additional cost;

(B) $25 for each additional 12 months a conservatorship of a minor remains open, until filing of the final settlement;

(C) $75 when letters or successor letters are applied for in a guardianship of an incapacitated person and/or conservatorship of a disabled person’s estate.  The fee shall provide one certified copy of the letters at no additional cost;

(D) $30 for each additional 12 months a conservatorship of a disabled person remains open until filing of the final settlement;


(15) $35 for proceedings for issuing orders refusing to grant letters to a creditor, spouse or an unmarried minor child, pursuant to section 473.090, RSMo; including one certified copy of the order;

(16) $35 for proceedings for:


(A) The collection of small estates, pursuant to section 473.097, RSMo;

(B) Involuntary hospitalization, pursuant to chapters 631 and 632, RSMo;

(C) To determine heirships, pursuant to section 473.663, RSMo;

(D) Assessment of estate taxes where no letters are granted, pursuant to chapter 145, RSMo;

(E) The sale of real estate by a nonresident conservator, pursuant to section 475.340, RSMo;

(F) To dispense with administration, pursuant to section 475.320, RSMo; and

(G) To dispense with conservatorship, pursuant to section 475.330, RSMo.


The above fees in this subdivision 21.01(a)(16) shall provide one certified copy of the order at no additional charge;

(17) $35 for proceedings to admit a will to probate, pursuant to section 473.050, RSMo; regardless of whether any other probate proceeding has been filed;

(18) In probate proceedings, for copies not covered above, $1 per copied page and $1.50 per seal in a certified or authenticated copy;

(19) $15 for a court reporter fee in all cases filed in the circuit division, pursuant to section 488.2253, RSMo;

(20) $15 for a court reporter fee in each probate proceeding when a court reporter is used, pursuant to section 488.2253, RSMo;

(21) $4 for accepting payments of court costs by means other than by cash or negotiable instrument.  Any court by local court rule may elect not to accept payments of court costs by means other than by cash or negotiable instrument; and

(22) Reasonable fees for postage and per copied page as provided by local court rule.


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

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 30 days of the date that the fee, cost or charge was received, as follows:


(1) 80% of such amounts collected shall be paid to the director of revenue, to be deposited to the general revenue fund;

(2) 20% of such amounts collected shall be paid into the county treasury or, in the case of the city of St. Louis, into the city treasury.


(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 divisions 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.

Day - to - Day

______________________________
MICHAEL A. WOLFF
Chief Justice