Order dated December 23, 2003, re: Court Operating Rule 21.01 Amount of Costs, Fees, Miscellaneous Charges and Surcharges and Court Operating Rule 21.02 Distribution of Fees

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Supreme Court of Missouri
en banc

December 23, 2003
Effective July 1, 2004

In re:

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

ORDER

  1. It is ordered that effective July 1, 2004, Court Operating Rule 21.01 and Court Operating Rule 21.02 be and the same are hereby repealed and a new Court Operating Rule 21.01 and a new Court Operating Rule 21.02 adopted in lieu thereof to read as follows:

COURT OPERATING RULE 21.01

AMOUNT OF COSTS, FEES, MISCELLANEOUS CHARGES AND SURCHARGES

  1. Five dollars for the filing of a lien, pursuant to section 429.090, RSMo;
  2. Ten dollars for a notice to a judgment creditor of a distributee, pursuant to section 473.618, RSMo;
  3. Three dollars for receiving and keeping a will, pursuant to section 474.510, RSMo;
  4. Seven dollars for the statewide court automation fund, pursuant to section 488.027, RSMo;
  5. Twelve dollars for municipal division costs, fifteen dollars for municipal ordinance violations filed before an associate circuit judge and thirty dollars for applications for a trial de novo of a municipal ordinance violation, pursuant to section 479.260, RSMo;
  6. Ten dollars for small claims division cases, pursuant to section 482.345, RSMo;
  7. Fifty dollars for appeals, pursuant to section 483.500, RSMo;
  8. Fifteen dollars for each case disposed as a misdemeanor;
  9. Forty-five dollars for each case disposed as a felony;
  10. Fifteen dollars for each associate circuit division case;
  11. Forty-five dollars for applications for trial de novo from small claims division and associate circuit division and forty-five dollars for filing of all other circuit civil cases;
  12. One dollar and fifty cents for a certificate of naturalization, pursuant to section 483.535, RSMo;
  13. One hundred fifteen dollars 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 fifty dollars 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;
  14. Thirty dollars for each additional twelve months a decedent's estate remains open, until the filing of the final settlement;
  15. In proceedings regarding guardianships and conservatorships:
  1. Thirty-five dollars 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;
  2. Thirty-five dollars for proceedings for:

  1. Thirty-five dollars for proceedings to admit a will to probate, pursuant to section 473.050, RSMo; regardless of whether any other probate proceeding has been filed;
  2. In probate proceedings, for copies not covered above, one dollar per copied page and one dollar and fifty cents per seal in a certified or authenticated copy;
  3. Fifteen dollars for a court reporter fee in all cases filed in the circuit division, pursuant to section 488.2253, RSMo;
  4. Fifteen dollars for a court reporter fee in each probate proceeding when a court reporter is used, pursuant to section 488.2253, RSMo;
  5. Four dollars 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
  6. Reasonable fees for postage and per copied page as provided by local court rule.
  1. The court clerk shall collect and disburse the above fees in a manner provided by sections 488.010 to 488.020 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(b) 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.

COURT OPERATING RULE 21.02 DISTRIBUTION OF FEES


  1. The fees collected pursuant to Court Operating Rule 21.01(a)(1), (2), (3), (6), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19) and (5), except the twelve dollar 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 thirty days of the date that the fee, cost or charge was received, as follows:
  1. Eighty percent of such amounts collected shall be paid to the director of revenue, to be deposited to the general revenue fund;
  2. Twenty percent 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.
  1. The fees collected pursuant to Court Operating Rule 21.01(a)(7), (20) and (21) by clerks in all divisions of the circuit courts, other than the municipal divisions, shall be paid over within thirty 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.
  2. 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.
  3. The fees collected pursuant to Court Operating Rule 21.01(a)(22) by clerks and the Fine Collection Center shall be retained by the court or the Fine Collection Center to offset related costs.
  4. The fees collected pursuant to Court Operating Rule 21.01(a)(23) 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.
  5. The twelve dollar fee collected by clerks pursuant to Court Operating Rule 21.01(a)(5) shall be paid into the municipality treasury.
  1. The clerk of this Court is directed to advise the General Assembly of this order on or before January 1, 2004.
  2. The state courts administrator shall provide copies of this order to each presiding circuit judge, each circuit clerk, and such other persons as the administrator deems appropriate.

Day - to - Day



______________________________

RONNIE L. WHITE
Chief Justice

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