7th Judicial Circuit Court of Missouri, Clay County Filing Fees and Waivers

CRITICAL

A Basic Civil Legal Services Fund surcharge applies to civil and criminal filings, including appeals, at the stated court-level rates, except traffic violation cases; drug- and alcohol-related offenses remain subject to the fee.

A surcharge fee that is applied to the Basic Civil Legal Services Fund, per Sections 477.650 and 488.031 RSMO, shall be assessed on the filing of any civil or criminal action or proceeding, including an appeal, except that no fee shall be imposed on any traffic violation case, but drug and alcohol-related offenses will have the fee imposed. The fee schedule is as follows: Supreme Court and Court of Appeals $20.00 Circuit Courts 10.00 Associate Circuit Courts 8.00 Garnishment 10.00 The Circuit Clerk shall collect said surcharge fee and disburse monthly to the Office of State Courts Administrator – Basic Civil Legal Services Fund.

CRITICAL

Fee

25 dollars

The Clerk must impose a $25 fee when a person fails to pay a listed court-ordered amount within 30 days of the court-imposed judgment, penalty, fine, sanction, or court cost.

5.7.1 The Clerk shall impose a fee of twenty-five dollars on each person who fails to pay a court-ordered judgment, penalty, fine, sanction, court costs, restitution or juvenile monetary assessment within thirty (30) days of the date of the court imposed judgment, penalty, fine, sanction or court cost. Said fee shall be disbursed pursuant to Section 488.5025 (2) RSMo.

CRITICAL

Fee

2 dollars

A $2 surcharge applies to traffic violations of a county ordinance or state law, including infractions, when the person has pleaded guilty.

Section 488.315 RSMo adds a surcharge of two dollars ($2.00), for all traffic violations of any county ordinance or state law, including an infraction, if a person has pled guilty to be paid into the juvenile justice preservation fund.

CRITICAL

Fee

3.5 dollars

A $3.50 surcharge applies to all civil actions, including dissolutions, juvenile, and probate actions.

Section 488.31 RSMo creates a surcharge of three dollars and fifty cents, ($3.50), for all civil actions (including dissolutions, juvenile and probate) to be paid into the juvenile justice preservation fund.

CRITICAL

Fee

20

A $20 Law Library Fund surcharge is due at filing, except for the listed cases and actions.

A surcharge of $20.00 is included as costs for the Law Library Fund, as listed on the Court’s Filing Deposits and Other Fees sheet, and must be paid at the time of the filing. The $20.00 Law Library Fund surcharge need not be paid in the following cases: (1) actions sent to the county on change of venue; (2) cases within the probate jurisdiction; (3) cases filed under Chapter 517, RSMO procedures; (4) cases filed under small claims procedures; (5) application for trials de novo; (6) suits, civil or criminal, filed by the county or state or any city, as per Section 488.426, et seq RSMO.

CRITICAL

Applies to

Adoption petition

A filing fee is required when the adoption petition is filed with the Division Three Clerk.

The original and three copies of the adoption petition, together with a completed Certificate of Decree of Adoption and filing fee shall be filed with the Division Three Clerk.

CRITICAL

Applies to

Decree

All costs must be paid before a decree is granted in a default dissolution or separate maintenance case.

In all default dissolution of marriage cases, or separate maintenance cases, all costs must be paid before a decree is granted.

CRITICAL

Fee

2

Applies to

Domestic relations petition

A $2 surcharge for the Missouri Court Appointed Special Advocate Fund must be paid at filing for each qualifying domestic relations petition.

A surcharge of $2.00 that is applied to the Missouri Court Appointed Special Advocate Fund, per Section 488.636 RSMO, shall be assessed and paid at the time of filing per case for any domestic relations petition filed before a circuit judge or associate circuit judge. The Circuit Clerk shall collect said $2.00 surcharge and disburse monthly to the Missouri Department of Revenue.

CRITICAL

Fee

$60

Applies to

Case filing

When a case requiring C.O.P.E. attendance is filed, the Circuit Clerk must collect a $60 fee for the parties to attend the class.

At the time of filing any case where attendance to C.O.P.E is required, the Circuit Clerk shall collect a fee of $60.00 for the parties to attend the C.O.P.E. class.

CRITICAL

Applies to

Cause or proceeding

The Circuit Clerk must not file another cause or proceeding until the fee and cost deposits are paid or a poor-person application is formally granted.

The Circuit Clerk shall not file any other cause or proceedings until the above deposits for fees and costs have been paid or a formal order made in the proceeding sustaining an application to sue as a poor person.

CRITICAL

Fee

10 dollars

A $10 surcharge applies for each garnishment granted.

5.6.6 Pursuant to Section 488.305 a surcharge of $10.00 for the clerk’s duties for each garnishment granted. The surcharge of $10.00 shall be deposited and held by the Circuit Clerk to be used for case processing and record preservation.

CRITICAL

Fee

$50

Applies to

Taped proceeding copy

A copy of a taped proceeding costs $50, but the court reporters’ hourly rate applies when redaction is necessary.

A fee of $50.00 will be charged for a copy of the taped proceeding, unless redaction is necessary, then the court reporters’ hourly rate will apply.

CRITICAL

Fee

30

A $30 Family Services and Justice Fund surcharge applies to the listed cases and filings, except filings entitled “Stipulation of Emancipation.”

A surcharge of $30.00 that is applied to the Family Services and Justice Fund is included in all of the following cases and filings: dissolutions of marriage, motions to modify dissolutions, stipulations in domestic cases, adoptions, all juvenile cases as provided by law, and any other domestic relations cases. The surcharge shall not be assessed to any filing entitled “Stipulation of Emancipation”. The surcharge of $30.00 shall be deposited by the Circuit Clerk into the Family Services and Justice Fund on a monthly basis.

CRITICAL

Applies to

Transcript

The party ordering a transcript must prepay the reporter’s estimated fee before preparation begins.

10.2 The party ordering such transcript shall prepay to the reporter the reporter’s estimated fee therefor in advance of the preparation of the transcript.

CRITICAL

Applies to

Application to sue as poor person

A poor-person application to waive all or part of fees and costs must meet the stated affidavit and content requirements and be presented to the judge expected to receive the action.

Applications to the court to sue as a poor person and to waive all or part of the deposit on fees and costs shall be verified by the affidavit of the applicant, his or her guardian or next friend; shall contain a specific statement about the inability of the applicant to pay or provide security for the costs of the action; and shall state that applicant truly believes applicant has a meritorious cause of action. These applications shall be presented to the Judge to whom said action is expected to be assigned.

CRITICAL

Fee

3

Applies to

Civil circuit court action

A $3 Domestic Relations Resolution Fund surcharge must be paid when filing any civil circuit court action, including dissolution and legal-separation actions.

A surcharge of $3.00 that is applied to the Domestic Relations Resolution Fund, per Section 452.554 RSMO, shall be assessed and paid at the time of filing an action of any civil circuit court case, including dissolution of marriage and legal separation. The Circuit Clerk shall collect said $3.00 surcharge and disburse monthly to the Missouri Department of Revenue.

CRITICAL

Applies to

Transcript and recording copy

The requesting party pays for transcripts and copies, requests them from the clerk of the division that held the proceeding, and must provide a deposit for preparation and copies.

Transcripts and copies of all recorded hearings and other Court proceedings will be prepared by the Office of State Court Administrator or by a certified court reporter at the expense of the requesting party. The request shall be made to the clerk of the Division which held the proceeding. Requests will be forwarded to available court reporters within the Circuit. A deposit will be collected for the cost of preparation of the transcript plus copies.

WARNING

Applies to

Application to proceed as poor person

A poor-person application for an appeal or trial de novo must be presented to the judge who heard the case.

Applications to proceed as a poor person on an appeal or on application for trial de novo shall be presented to the Judge who heard the case.

WARNING

Applies to

Motion for security for costs

Motions for security for costs must be filed pursuant to Rule 77 of the Supreme Court Rules.

All motions for security for costs shall be filed pursuant to Rule 77, Supreme Court Rules.

WARNING

Filing fees and cost deposits are set by administrative order and the fee structure must be published as an attachment to the Local Court Rules.

The circuit court en banc shall set forth, by administrative order, the filing fees and cost deposits required for actions filed in divisions of the circuit court. Said fee structure shall be published and available as an attachment to the Local Court Rules.

WARNING

Costs in the specified civil actions must be assessed against the plaintiff or petitioner.

Whenever a civil action, including cases involving dissolution of marriage, is dismissed by plaintiff, or is reduced to judgment, or no judgment is made as to imposition of costs; the costs shall be assessed against the plaintiff or petitioner.

INFO

Specified appeals and transcripts may be filed without the required fee and cost deposit.

Appeals from the Industrial Commission of the State of Missouri, and appeals or transcripts from any Federal Commission or other State Commissions where allowed by law, may be filed without the above deposit.

INFO

Attorneys are requested to have witnesses claiming a fee report to the Circuit Clerk as soon as their attendance ends.

Attorneys are requested to see that their witnesses, who intend to claim a fee, report their attendance to the Circuit Clerk's office as soon as they are discharged from further attendance.

INFO

Applies to

Attested certified or authenticated copies

No charge applies to the specified copies furnished to Clay County departments, state agencies or departments for pending proceedings, or parties allowed to proceed in forma pauperis.

7.2.2 No charge shall be made for attested, certified or authenticated copies of documents furnished to any department of Clay County, Missouri, to any State agency or department where such copies are requested in connection with any pending proceeding, or to any party who has been allowed to proceed in forma pauperus.

INFO

If the Circuit, Associate Circuit, or Municipal Judge is unavailable, the poor-person application may be presented to the Presiding Judge.

If the Circuit Judge, Associate Circuit Judge, or Municipal Judge is unavailable to rule on the above application, it may be presented to the Presiding Judge for ruling.

INFO

Applies to

Copies

Duplication fees are set by Administrative Order, and a list of filing deposits and other fees is available online or at the Circuit Clerk’s Office.

Duplication fees shall be set by Administrative Order. A list of Filing Deposits and Other fees shall be available online or in the Circuit Clerk’s Office.