Missouri Revised Statutes













Chapter 483

Clerks of Courts of Record and Court Records

←483.537

Section 483.550.1

483.580→

August 28, 2015

Clerks to charge, collect court costs, when.

483.550. 1. Each circuit clerk, or person fulfilling the duties of the

circuit clerk pursuant to this chapter, however denominated, shall charge,

collect, and be the responsible clerk for every court cost accruing to such

clerk's office to which such clerk may be entitled under the law, except that

the circuit clerk shall not be accountable or responsible for or under a duty

to collect the following court costs:



(1) Court costs in a case pending in the probate division of the circuit

court;



(2) Court costs in a case while it pends in a municipal division of the

circuit court, in municipalities electing or required to have violations of

municipal ordinances tried before a municipal judge pursuant to section

479.020, or to employ judicial personnel pursuant to section 479.060;



(3) Court costs in a case which was originally filed and pends before an

associate circuit judge; provided, however, that such exception with respect

to cases filed and pending before an associate circuit judge shall not apply

(a) in the city of St. Louis and (b) when by local circuit court rule it is

provided that cases which are to be heard by associate circuit judges shall

be centrally filed and final judgments therein maintained in an office which

is operated and staffed by the circuit clerk and such clerk's deputies.



2. Each chief division clerk for the probate division of the circuit

court shall charge and collect every court cost accruing to the probate

division of the circuit court to which it may be entitled under the law.



3. In divisions presided over by associate circuit judges for which the

circuit clerk is not responsible for collecting court costs as hereinabove

provided, the associate circuit judge shall designate by order entered of

record a division clerk who shall be responsible for the collection of all

court costs with respect to cases in the division; or if there be a

centralized filing and docketing system for two or more divisions presided

over by an associate circuit judge, then a division clerk or clerks shall be

designated in accordance with the provisions of local circuit court rule by an

order which shall be entered of record, and if there be no such rule adopted,

then a majority of the associate circuit judges being served shall designate

a division clerk or clerks who shall be responsible for the collection of all

court costs with respect to cases in the divisions served by the centralized

filing and docketing system.



4. Notwithstanding the provisions of subsections 1, 2 and 3 of this

section, by vote of all judges, circuit and associate circuit, of a circuit

court, en banc, the circuit court may adopt a system by local circuit rule

whereby the circuit clerks within the circuit shall have administrative

control over and be responsible for the charging and collection of all court

costs accruing to the court other than court costs in a case while it pends

in the municipal divisions of the circuit court, in municipalities electing or

required to have violations of municipal ordinances tried before a municipal

judge pursuant to section 479.020, or to employ judicial personnel pursuant

to section 479.060. The chief division clerk for the probate divisions of the

circuit court may be designated by the local circuit rule to charge and

collect every court cost accruing to the probate divisions of the circuit

court to which it may be entitled under the law, under the supervision of the

circuit clerk.



5. The responsible clerks shall make periodic reports of delinquent court

costs which are due at such times and in such form as may be required by the

state courts administrator.



6. It shall be the duty of each prosecuting attorney when such be

referred to such prosecuting attorney by the responsible clerk to reasonably

attempt to collect such delinquent court costs. In the case of delinquent

court costs which are payable to the state, it shall be the duty of each

prosecuting attorney, and the attorney general when such be referred to the

attorney general by the state courts administrator to reasonably attempt to

collect such delinquent court costs.



(L. 1978 H.B. 1634, A.L. 1985 H.B. 320, A.L. 1996 S.B. 869, A.L.

2004 S.B. 1211)



*No continuity with § 483.550 as repealed by L. 1978 H.B. 1634.





1996



1996



483.550. 1. Each circuit clerk, or person fulfilling the duties of

the circuit clerk pursuant to this chapter, however denominated, shall

charge, collect, and be the responsible clerk for every court cost**

accruing to such clerk's office to which such clerk may be entitled under

the law, except that the circuit clerk shall not be accountable or

responsible for or under a duty to collect the following court costs:



(1) Court costs in a case pending in the probate division of the

circuit court;



(2) Court costs in a case while it pends in a municipal division of

the circuit court, in municipalities electing or required to have

violations of municipal ordinances tried before a municipal judge pursuant

to section 479.020, RSMo, or to employ judicial personnel pursuant to

section 479.060, RSMo;



(3) Court costs in a case which was originally filed and pends before

an associate circuit judge; provided, however, that such exception with

respect to cases filed and pending before an associate circuit judge shall

not apply (a) in the city of St. Louis and (b) when by local circuit court

rule it is provided that cases which are to be heard by associate circuit

judges shall be centrally filed and final judgments therein maintained in

an office which is operated and staffed by the circuit clerk and such

clerk's deputies;



(4) Fees to which he is entitled for services performed in preparing

or completing passport applications, which fees may be retained by the

circuit clerk.



2. Each chief division clerk for the probate division of the circuit

court shall charge and collect every court cost accruing to the probate

division of the circuit court to which it may be entitled under the law.



3. In divisions presided over by associate circuit judges for which

the circuit clerk is not responsible for collecting court costs as

hereinabove provided, the associate circuit judge shall designate by order

entered of record a division clerk who shall be responsible for the

collection of all court costs with respect to cases in the division; or if

there be a centralized filing and docketing system for two or more

divisions presided over by an associate circuit judge, then a division

clerk or clerks shall be designated in accordance with the provisions of

local circuit court rule by an order which shall be entered of record, and

if there be no such rule adopted, then a majority of the associate circuit

judges being served shall designate a division clerk or clerks who shall be

responsible for the collection of all court costs with respect to cases in

the divisions served by the centralized filing and docketing system.



4. Notwithstanding the provisions of subsections 1, 2 and 3 of this

section, by vote of all judges, circuit and associate circuit, of a circuit

court, en banc, the circuit court may adopt a system by local circuit rule

whereby the circuit clerks within the circuit shall have administrative

control over and be responsible for the charging and collection of all

court costs accruing to the court other than court costs in a case while it

pends in the municipal divisions of the circuit court, in municipalities

electing or required to have violations of municipal ordinances tried

before a municipal judge pursuant to section 479.020, RSMo, or to employ

judicial personnel pursuant to section 479.060, RSMo. The chief division

clerk for the probate divisions of the circuit court may be designated by

the local circuit rule to charge and collect every court cost accruing to

the probate divisions of the circuit court to which it may be entitled

under the law, under the supervision of the circuit clerk.



5. The responsible clerks shall make periodic reports of delinquent

court costs which are due at such times and in such form as may be required

by the state courts administrator.



6. It shall be the duty of each prosecuting attorney when such be

referred to such prosecuting attorney by the responsible clerk to

reasonably attempt to collect such delinquent court costs. In the case of

delinquent court costs which are payable to the state, it shall be the duty

of each prosecuting attorney, and the attorney general when such be

referred to the attorney general by the state courts administrator to

reasonably attempt to collect such delinquent court costs.



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