Supreme Court of Missouri
en banc

December 18, 1998

In re:

Adoption of Administrative Rule 21.03, entitled “Statewide Court Automation Case Management System,” and Administrative Rule 21.05, entitled “Election to Comply With Administrative Rule 21.03,” of Administrative Rule 21, entitled “Court Costs, Fees, Miscellaneous Charges and Surcharges.”

ORDER

1. It is ordered that effective July 1, 1999, new Administrative Rule 21.03 and new Administrative Rule 21.05 be and the same are hereby adopted to read as follows:

21.03  STATEWIDE COURT AUTOMATION CASE MANAGEMENT SYSTEM

(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 Administrative Rule 21.03.

(b) For all cases filed on or after the effective date that the court or division becomes subject to this Administrative 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.

(c) A court or division subject to this Administrative 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 stated entities.  In addition, the schedule shall establish a hierarchy of disbursement for fees not included in the consolidated amount.

(e) For cases filed prior to the time that the court or division becomes subject to this Administrative 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.

21.05  ELECTION TO COMPLY WITH ADMINISTRATIVE 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 may elect to comply with Administrative 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.

2. The state courts administrator is directed to provide a copy of this order to each circuit clerk and such other persons as he deems appropriate.

Day - to - Day

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DUANE BENTON
Chief Justice