Order dated December 30, 2002, re: Court Operating Rule 21.01 Amount of Costs, Fees, Miscellaneous Charges and Surcharges

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Supreme Court of Missouri
en banc

December 30, 2002

Effective July 1, 2003

In re: Repeal of Court Operating Rule 21.01, entitled "Amount of Costs, Fees, Miscellaneous Charges and Surcharges," and in lieu thereof adoption of a new Court Operating Rule 21.01, entitled "Amount of Costs, Fees, Miscellaneous Charges and Surcharges."

ORDER

1.  It is ordered that effective July 1, 2003, Court Operating Rule 21.01 be and the same is hereby repealed and a new Court Operating Rule 21.01 adopted in lieu thereof to read as follows:

RULE 21.01 AMOUNT OF COSTS, FEES, MISCELLANEOUS
         CHARGES AND SURCHARGES

The costs, fees, miscellaneous charges and surcharges authorized on December 31, 2002, 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:

(a) Five dollars for the filing of a lien, pursuant to section 429.090, RSMo;
(b) Ten dollars for a notice to a judgment creditor of a distributee, pursuant to section 473.618, RSMo;
(c) Three dollars for receiving and keeping a will, pursuant to section 474.510, RSMo;
(d) Seven dollars for the statewide court automation fund, pursuant to section 488.027, RSMo;
(e) 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;
(f) Ten dollars for small claims division cases, pursuant to section 482.345, RSMo;
(g) Fifty dollars for appeals, pursuant to section 483.500, RSMo;
(h) Fifteen dollars for each case disposed as a misdemeanor;
(i) Forty-five dollars for each case disposed as a felony;
(j) Fifteen dollars for each associate circuit division case;
(k) 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;
(l) One dollar and fifty cents for a certificate of naturalization, pursuant to section 483.535, RSMo;
(m) When letters are applied for in probate proceedings the court costs shall be $115.00, regardless of the size of the estate;
(n) Thirty dollars for each additional twelve months a decedent's estate remains open;
(o) In proceedings regarding guardianships and conservatorships:

(1) Sixty dollars for each grant of letters for guardianship of the person and/or conservatorship of the estate of a minor;
(2) Twenty-five dollars for each additional twelve months a conservatorship of a minor's estate case remains open;
(3) Seventy-five dollars for each grant of letters in guardianship and/or conservatorship of incapacitated persons and their estates;
(4) Thirty dollars for each additional twelve months an incapacitated person's case remains open;

(p) Thirty dollars for issuing orders refusing to grant letters to a creditor, spouse or an unmarried minor child, including one certified copy of the order, and one dollar per page and one dollar fifty cents per certificate for each subsequent certified copy of the order;
(q) Thirty-five dollars for proceedings for the collection of small estates, to determine heirships, assessment of estate taxes where no letters are granted, the sale of real estate by a nonresident conservator, to dispense with administration, to dispense with conservatorship, and to admit a will to probate;
(r) In probate proceedings, one dollar per copied page and one dollar and fifty cents per certificate;
(s) One dollar and fifty cents per page for testimony transcription, pursuant to section 488.2250, RSMo;
(t) Fifteen dollars for a court reporter fee in all cases filed in the circuit division, pursuant to section 488.2253, RSMo; and
(u) Three dollars for witness fees per day, and four dollars when the witness must travel to another county, pursuant to section 491.280, RSMo.

In addition, reasonable fees may be charged for postage and per copied page as provided by local court rule.

2.  The clerk of this Court is directed to advise the General Assembly of this order on or before January 1, 2003.

3.  The state courts administrator shall provide copies of this order to every presiding circuit judge and circuit clerk.  The administrator shall direct the circuit clerks to post a copy of the order on or before January 1, 2003.

Day - to - Day

______________________________
STEPHEN N. LIMBAUGH, JR.
Chief Justice
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