Rule 5.FEES AND COSTS
5.1 FILING FEE AND COST DEPOSIT (Revised and Effective 1/18/2000)
(1) Court Cost Deposit
Unless waived by the Court or otherwise provided by rule or law, and before a case is filed, there shall be deposited with the Court, the following sums:
Circuit Division Civil Case, except domestic relations cases $98.00 Domestic Relations Cases For Dissolutions $102.00 For Modifications, Legal Separations, Family Access Motions and Paternity Cases. $100.00 Adoptions $95.00 Registration of Foreign Judgments $98.00 Applications for Trial De Novo from Municipal Divisions $30.00 Applications for Trial De Novo in Chapter 517 cases and Small Claim Appeals $60.00 Associate Division Civil Cases $48.00 Small Claims $0 - $3,000.00 $20.00 Probate Cases (Revised and Effective 7/1/99)
(Both include one certified copy of letters)Conservatorship for Minors $80.00 Conservatorships, except minors $95.00 Bates County Only Application for Letters Testamentary or Administration $135.00 Admitting Will Only $55.00 (2) Additional Court Cost Deposits
If the cost deposit in a case is insufficient to pay actual anticipated expenses in the case, the Clerk may require the party for whose benefit the expense is to be incurred to deposit a sum sufficient to cover such anticipated actual expense prior to issuance of process or incurring the expense, unless waived by the Court.
(3) Deposits With County Sheriff for Service of Process
Unless otherwise provided by statute or rule, the Sheriff of any county in this circuit where process is to be served shall receive--payable to the Sheriff and not the Court--from the party requesting service or that party's attorney, the following deposits:
(a) for each civil summons, writ or order to be served, other than a subpoena or a contempt or attachment proceeding, the sum $20.00 plus a mileage deposit;
(b) for each civil subpoena to be served, the sum of $10.00 plus a mileage deposit;
(c) for each civil contempt or attachment proceeding to be served the sum of $75.00, plus a mileage deposit;
plus,
(d) an estimated mileage deposit of $15.00 for each civil summons, subpoena, writ, order, contempt process or writ of attachment to be served; except the estimated mileage deposit will not apply to additional documents to be served in the same cause on the same trip; or, when the process is to be served within the corporate city limits of the county seat.
(4) Method of Payment of Costs, Fines and Other Monies to Court.
All monies paid to courts shall be in the form of cash or negotiable instruments. Credit cards or debit cards will not be accepted.
(5) Court Orders Transmitted by Facsimile of Digital Transmission
(a) Court orders, judgments or decrees, including warrants and search warrants, may be transmitted to the Clerks of the various divisions or others by electronic transmission, and until receipt of the originally signed document herein provided, they shall have the same effect and be acted upon by all persons as if they were the original executed by the Court.
(b) The next business day following entry of an order which has been filed under this rule, the Court shall cause the original of the same to be transmitted to the Clerk of the division so as to be received by the fourth business day following the filing of the same by electronic transmission.
(6) Service by Facsimile and Digital Transmission
(a) Where service by ordinary mail or personal devilery is provided by Mo.S.Ct. Rule 43.01 or otherwise by law, such service may be made by electronic transmission of a copy to any attorney or party to be served who maintains a device for receipt of facsimile or digital transmission.
(b) Publishing a facsimile phone line number or e-mail address by pleading, letterhead, or listing in a telephone directory or otherwise, constitutes prima facie maintenance of a device for receipt of electronic transmission.
(c) Risk of loss in transmission, receipt or illegibility of the document transmitted electronically is upon the sender.
(d) The document faxed or e-mailed is presumed delivered and served, unless otherwise indicated by the readout of the senders device, to the phone number or e-mail address indicated by the sender's readout, and at the date and time of the end of transmission. The sender shall maintain a printout of such readout or e-mail, and file the same is ordered by the Court.
(e) Except in the case of court orders, judgments or decrees, if a document is transmitted after 4:00 p.m. in the time zone in whick it is to be received, service shall not be deemed to have occurred until the next business day.
Unless otherwise ordered by the Judge hearing a criminal case, upon conviction the costs of jail board prior to conviction, at the rate established by the County Commission, shall be taxed as costs to the Defendant. For purposes of this cost assessment, a suspended imposition of sentence is not a conviction.
If the Judge hearing a criminal case orders pre-plea board, shock detention board, or medical and pharmaceutical expenses of a Defendant paid as a condition of probation, it shall be added to costs and billed by the Clerk to the Defendant.
Whenever any summons or other document is required by statute, rule or court order to be sent by certified or registered mail, the clerk may tax the costs of such mailing as costs of the case, and require a deposit for this cost.
The Law Library Fee shall not be taxed as costs in small claims cases in either the Small Claims or Circuit Divisions.
(No local rule)
(No local rule)
(No local rule)
In addition to all other fees required by law or rule to be paid upon the filing of a case, the party filing suit in either the Circuit or Associate Divisions, at the time of filing, shall deposit with the Circuit Clerk $15.00 for the Law Library Fund of each county.
The fee shall not be required or collected on actions sent to the county on change of venue, cases within the probate jurisdiction, cases filed under small claims procedures, applications for trial de novo, suits filed by the state, county or city, or where the Court has waived a cost deposit.
The Circuit Clerk shall remit to the Law Library Fund of the county, at least monthy, all sums collected pursuant to this rule.
[27th Judicial Circuit]
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