Jackson County Circuit Court Filing Fees and Waivers

Applies to

Proceedings

Filing fees and cost deposits are set by schedules approved by the Presiding Judge, published on the Court’s website, and deposited when proceedings are instituted or requested.

Filing fees and cost deposits shall be set by schedules approved by the Presiding Judge. The schedules shall be published on the Court’s website. Filing fees and cost deposits shall be deposited at the time proceedings are instituted or requested.

Applies to

In forma pauperis application

A confined applicant seeking in forma pauperis status in a civil proceeding must submit the required motion and affidavit, except for specified Supreme Court proceedings and habeas corpus proceedings.

All applications to proceed in forma pauperis in a civil proceeding, involving an applicant who is confined, with the exception of those filed in connection with Supreme Court Rules 24.035 and 29.15 proceedings and habeas corpus proceedings, shall be accompanied by a Motion and Affidavit in Support of Request to Proceed As a Poor Person.

Applies to

Cause

The Department of Civil Records will not process a cause for further action until the required fee and cost deposit has been paid.

The Department of Civil Records shall receive, but shall not process for further action, any cause until a deposit for fees and costs has been paid, as required by these rules.

Applies to

Motion or request to transfer civil action

A plaintiff or movant seeking transfer from an associate division to a circuit division must deposit an additional filing fee equal to the current circuit-court filing fee minus fees already deposited.

In a motion or request to transfer a civil action from an associate division of the circuit court to a circuit division by any plaintiff(s), movant(s) must deposit with the Court Administrator an additional filing fee in an amount equal to the current filing fees for circuit court actions, minus any filing fees previously deposited on such case.

Applies to

Notice of appeal

The post-guilty-verdict notice of appeal must be accompanied by the appropriate filing fee or a poor-person order before the attorney may receive leave to withdraw.

When an attorney seeks leave to withdraw after a verdict of guilty in a criminal case, such leave shall not be granted until the attorney handling the trial has filed the motion for new trial (or other appropriate after-trial motion), and has filed the notice of appeal (accompanied by the appropriate filing fee or poor person order).

Applies to

Driving privilege applications and petitions

The listed driving-privilege applications and petitions require the regular filing fee but no bond or extra deposit fee.

Applications for driving privileges based upon hardship, hearings on refusal to submit to chemical test, petitions for review of director's order suspending or revoking license for excessive points and petitions for review under Safety Responsibility Act will require the payment of the regular filing fee. No bond or extra deposit fee will be required on any of the foregoing applications or petitions.

Applies to

Paternity case

In a pre-judgment dissolution case requiring a paternity determination, a separate paternity case must be filed without a filing fee.

Due to issues of confidentiality, in any pre-judgment dissolution case in which paternity of one or more children must be established, a separate case shall be filed to establish paternity with no filing fee required.

Applies to

Notice of income withholding

A certified-mailing fee deposit must be paid before mailing a notice of income withholding to an employer, except for cases brought by the Missouri Division of Child Support Enforcement or an attorney bringing an action pursuant to its referral.

The fee deposit required for certified mailing, set forth in Circuit Court Rule 5.1, must be paid prior to the mailing of a notice of income withholding to the employer, except in those cases brought by the Missouri division of child support enforcement, or any attorney bringing action pursuant to a referral by the Missouri division of child support enforcement.

Fee

$225

Applies to

Minor traffic violation fines and costs

Fines and costs for minor traffic violations may not exceed $225.00.

Fines and costs assessed on minor traffic violations (MTV) as set forth in Section 479.353.1(a) RSMo shall not exceed $225.00.

Applies to

Municipal ordinance violation fines and costs

Municipal ordinance violation fines and costs are capped by the mandatory statutory schedule, while other ordinance violations are capped by the maximum authorized by state law or city codes.

Fines and costs assessed on “municipal ordinance violations” as defined in Section 479.350.4 RSMo shall not exceed the mandatory maximum schedule of Section 479.353.1(b) RSMo. Other ordinance violations shall not exceed the maximum amount authorized by state law and/or city codes.

Applies to

Court costs

Only court costs authorized by statute, including fees, miscellaneous charges, and surcharges, may be assessed.

Only court costs authorized by statute—including fees, miscellaneous charges, and surcharges as defined in Section 488.010 RSMo—shall be assessed.

Applies to

Court costs

Court costs may not be assessed against indigent defendants.

Court costs shall not be assessed against indigent defendants. Section 479.353.4-5 RSMo.

Applies to

Community service

No fee may be assessed to a defendant for using community service.

No fee shall be assessed to the defendant for the use of community service in compliance with the requirements of Section 479.360.1 RSMo.

Fee

30

Applies to

Trial de novo application

A defendant filing an application for trial de novo must deposit a $30.00 fee with the municipal division.

If a defendant files an application for trial de novo, the fee for trial de novo shall be $30.00 and shall be deposited with the municipal division.

Applies to

Trial de novo application

A defendant applying for trial de novo without depositing the fee must complete and file the Supreme Court form Statement of Financial Condition.

When an application for trial de novo is made without the deposit of the trial de novo fee, the defendant shall also complete and file a Statement of Financial Condition in the form provided by the Missouri Supreme Court in Model Local Rule 69.01.

Applies to

Trial de novo application

A trial de novo application must be filed with the court-set appropriate bond and the statutorily required additional fee.

Such application shall be filed together with appropriate bond set by the court and the "additional fee" required by section 479.260(5), section 485.120, RSMo 1986 and 16th Circuit Court Rule 5.1.

Applies to

Trial de novo application

Circuit trial de novo fees and costs are due when the application is filed, but the trial judge may waive them upon a finding of indigence.

Circuit trial de novo fees and costs shall be collected upon the filing of an application for trial de novo unless waived by the trial judge upon a finding of indigence, pursuant to section 485.120, section 479.260(5) RSMo 1986, and 16th Circuit Rule 5.1.

Applies to

Application for letters of administration or letters testamentary

Every application must be accompanied by the appropriate filing fee.

All applications must be accompanied by the appropriate filing fee (See § 483.580).

Applies to

Final settlement

Court costs due to the Court must be paid on or before the final settlement filing date and recorded as a credit before approval.

If costs are due to the Court, they must be paid on the date of, or prior to, the filing of final settlement and reflected as a credit entry on the settlement before the settlement will be approved.

Applies to

Citation costs

Citation costs may not be paid from estate assets.

The costs of the citation may not be paid from the assets of the estate.

Applies to

Citation costs

After a citation issues, the personal representative is personally responsible for its costs.

If a citation has issued, the personal representative shall be personally responsible for the costs of the citation.

Applies to

Conservatorship estate

A filing fee is required in the conservatorship estate.

There will be a filing fee in the conservatorship estate.

Applies to

Show cause order

Payment of the show cause order's costs is required for dismissal after the exception letter is cleared.

The order will be dismissed when the exception letter is cleared and the costs of the show cause order are paid.

Applies to

Show cause order

The costs of a show cause order may not be paid from estate assets.

The costs of the show cause may not be paid with estate assets.

Applies to

Order of nfp

Outstanding court costs and previously allowed fees must be paid before the court enters an order placing an estate on no further process.

Outstanding court costs and all fees previously allowed by the Court must be paid before the order of NFP will be entered.

Applies to

Annual settlement

Annual court costs must be paid when or before the annual settlement is filed and recorded as a credit before the court approves the settlement.

Costs must be paid on the date of, or prior to, the filing of annual settlement and reflected as a credit entry on the settlement before the settlement will be approved.

Applies to

Final settlement

Court costs must be paid on or before filing the final settlement, shown as a credit entry, and paid before settlement approval.

If the final cost calculation form evidences costs due to the Court, the costs must be paid on the date of, or prior to, the filing of final settlement and reflected as a credit entry on the settlement, before the settlement will be approved.

Applies to

Trust registration statement

Payment of a filing fee is required before a trust file is opened after the statement is filed.

Upon the filing of the statement and the payment of a filing fee, a file will be opened in the name of the trust.

Applies to

Successor trustee appointment

A filing fee must be paid before the Court will appoint a successor trustee when the trust instrument contains no successor provision.

However, where no provision for a successor trustee is made in the trust instrument, the Court will appoint a successor trustee only after appropriate documents/pleadings are filed, the filing fee is paid, and service on interested persons (co-trustees, beneficiaries) has been made or their consents have been obtained.

Applies to

Petition to dispense with conservatorship

A petition to dispense with conservatorship for an estate derived from a decedent's estate should be filed in the decedent's estate and requires no filing fee.

When the minor's estate is derived from a decedent's estate, the petition to dispense with conservatorship should be filed in the decedent's estate. No filing fee is required.

Applies to

Petition to dispense with conservatorship

A filing fee is charged for a petition to dispense with conservatorship when the minor's estate is derived other than from a decedent's estate.

A filing fee will be charged.

Applies to

Initial application or petition

A required cost deposit must accompany an initial application or petition and may include statutory or miscellaneous charges such as copying costs.

Cost Deposits may include miscellaneous charges (e.g., costs for copies) in addition to the base cost set forth by statute. The required Cost Deposit must accompany the initial application or petition.

Fee

$155.5

Applies to

Letters testamentary or letters of administration application

An application for Letters Testamentary or Letters of Administration requires a $155.50 filing fee.

When application is made for Letters Testamentary or Letters of Administration, the filing fee shall be $155.50.

Fee

$50

Applies to

Decedents estate filing

For a decedent's estate with total assets from $50,001 through $100,000, the additional clerk fee is $50.00.

$50,001 - $100,000 $50.00

Fee

$100

Applies to

Decedents estate filing

For a decedent's estate with total assets from $100,001 through $150,000, the additional clerk fee is $100.00.

$100,001 - $150,000 $100.00

Fee

$150

Applies to

Decedents estate filing

For a decedent's estate with total assets from $150,001 through $200,000, the additional clerk fee is $150.00.

$150,001 - $200,000 $150.00

Fee

$55.5

Applies to

Dispense with conservatorship

Dispensing with a conservatorship pursuant to section 475.330 requires a $55.50 filing fee.

F. Dispense with Conservatorship pursuant to §475.330. $55.50

Fee

$200

Applies to

Decedents estate filing

For a decedent's estate with total assets from $200,001 through $250,000, the additional clerk fee is $200.00.

$200,001 - $250,000 $200.00

Fee

$250

Applies to

Decedents estate filing

For a decedent's estate with total assets from $250,001 through $300,000, the additional clerk fee is $250.00.

$250,001 - $300,000 $250.00

Fee

$300

Applies to

Decedents estate filing

For a decedent's estate with total assets from $300,001 through $350,000, the additional clerk fee is $300.00.

$300,001 - $350,000 $300.00

Fee

$350

Applies to

Decedents estate filing

For a decedent's estate with total assets from $350,001 through $400,000, the additional clerk fee is $350.00.

$350,001 - $400,000 $350.00

Fee

$400

Applies to

Decedents estate filing

For a decedent's estate with total assets from $400,001 through $450,000, the additional clerk fee is $400.00.

$400,001 - $450,000 $400.00

Fee

$450

Applies to

Decedents estate filing

For a decedent's estate with total assets over $450,000, the additional clerk fee is $450.00.

Over $450,000 $450.00

Fee

$100.5

Applies to

Minor guardianship person only

A minor guardianship filing for the person only requires a $100.50 fee, excluding the fee for service.

A. Minor – Person Only (Does not include fee for service) $100.50

Fee

$100.5

Applies to

Minor guardianship person and estate or estate only

A minor guardianship filing for the person and estate, or estate only, requires a $100.50 fee, excluding the fee for service.

B. Minor – Person and Estate or Estate Only (Does not include $100.50 fee for service)

Fee

$115.5

Applies to

Incapacitated person conservatorship person only

An incapacitated-person conservatorship filing for the person only requires a $115.50 fee, excluding the fee for service.

C. Incapacitated – Person Only (Does not include fee for service) $115.50

Fee

$115.5

Applies to

Incapacitated and disabled conservatorship person and estate or estate only

An incapacitated-and-disabled conservatorship filing for the person and estate, or estate only, requires a $115.50 fee, excluding the fee for service.

D. Incapacitated and Disabled – Person and Estate or Estate only $115.50 (Does not include fee for service)

Fee

$35

Applies to

Conservatorship closure

Closing a conservatorship pursuant to section 475.320 requires a $35.00 filing fee.

E. Close Conservatorship pursuant to §475.320. $35.00

Applies to

Final court costs

The calculated final court costs must be paid no later than the date the final settlement is filed.

The clerk will then send the attorney the completed calculation of costs, and this amount must be paid on or before the date of filing the final settlement.

Applies to

In forma pauperis application

When in forma pauperis status is granted, Jackson County must pay filing and publication costs unless the order granting leave specifically excepts them.

If an application to proceed in forma pauperis is granted, filing fees and publication costs, if any, shall be paid by Jackson County, unless specifically excepted from the order granting leave to proceed in forma pauperis.

Applies to

In forma pauperis application

All in forma pauperis applications must be presented to the judge assigned to the case.

All applications to proceed in forma pauperis shall be presented for consideration to the judge assigned to the case.

Applies to

Trial de novo application

The municipal or associate circuit judge may waive all or part of the fee and cost deposit for an indigent appellant seeking trial de novo.

The municipal judge or associate circuit judge from whose decision an application for trial de novo is made may, in his discretion, if satisfied that appellant is indigent, waive all or any part of the deposit for fees and costs on such application.

Applies to

Costs and fees

The Circuit Court may assess costs and fees against a defendant, including jury, clerk, service, and witness fees.

In any case, the Circuit Court may assess costs and fees as provided by law against the defendant—including, but not limited to: jury fees, clerk fees, service fees, and witness fees.

Applies to

Costs fees and fines

Assessed costs, fees, and fines may be collected through any legally authorized action and must be paid into the Circuit Court registry.

The costs, fees, and any fine assessed may be collected in any action allowed by law, and shall be paid into the registry of the Circuit Court.

Applies to

Extension to file final receipts

No costs accrue for obtaining an extension to file final receipts unless a citation for failure to file has issued.

No costs shall accrue for securing an extension of time to file final receipts, unless a citation for failure to file final receipts has issued.

Applies to

Minor guardianship person only

For sibling minor guardianship cases filed on the same day, one filing fee may cover all sibling cases if the clerk receives a note identifying their names.

Note: Although a separate case must be filed for each minor, you may submit a single filing fee to cover the cost of all sibling cases filed on the same day. Please include a note to clerk indicating the names of the sibling cases.

Applies to

Copies

Copy charges may be charged to an estate when requested by the fiduciary or fiduciary's attorney, provided the estate remains open and final court costs have not yet been calculated.

Copies may be charged to the estate if the fiduciary or the fiduciary’s attorney is requesting the copies. In order to charge to the estate, at the time the request is made, the estate must be open and final court costs must not be calculated yet.

Applies to

Estate opened for litigation

An assetless estate opened solely to prosecute or defend a lawsuit must pay the minimum cost specified in Section 5.10.1(a).

An estate opened solely for the purpose of prosecuting or defending a lawsuit, in which there are no assets, is not exempt from the requirement to pay costs. The minimum cost set out in Section 5.10.1(a) will be charged.

Applies to

Additional court costs

Additional court costs require amendment of both the settlement and the proposed distribution.

Any additional costs will require an amendment to the settlement and proposed distribution.

Applies to

Paternity case

No separate paternity action is required when both dissolution parties are listed on the birth certificate of a child born before the marriage and paternity is unchallenged.

Unchallenged acknowledgments of paternity in any pre-judgment dissolution case for a child born prior to the marriage do not require the establishment of paternity if both parties to the dissolution are listed on the child’s birth certificate. Under such circumstances no separate paternity action shall be filed.

Applies to

Mediation appointment

The Family and Domestic Law Committee may establish a fee scale, including a sliding scale, for mediators appointed from the court-maintained list.

The Family and Domestic Law Committee may establish a fee scale for appointments from the court-maintained list of mediators, including a sliding fee scale.

Alternative payment plans are available for utilization.

Alternative payment plans shall be available for utilization. Rule 37.65(b)(1)-(2).

Probation cannot be denied solely because a defendant cannot pay authorized probation fees and surcharges.

Probation shall not be denied because of the inability of the defendant to pay authorized probation fees and surcharges.

The court must advise offenders that they may request individualized consideration for exemption from probation fees and surcharges.

The court shall advise offenders of the right to request individualized consideration of exemption from paying probation fees and surcharges under these statutes.

Fee

55.5

Applies to

Spouse and unmarried minor child letters

A spouse or unmarried minor child seeking refusal of letters is charged $55.50, including one attested or certified copy of the order.

Spouse and Unmarried Minor Child $55.50 Includes one attested/certified copy of order

Fee

55.5

Applies to

Creditor letters

A creditor seeking refusal of letters is charged $55.50, including one attested or certified copy of the order.

Creditor $55.50 Includes one attested/certified copy of order

Fee

55.5

Applies to

Small estate affidavit

A small estate affidavit requires a $55.50 fee that includes one certified copy of the order.

B. Small Estate Affidavit $55.50 Includes one certified copy of order

Fee

35

Applies to

Will admitted with small estate

The fee is $35.00 when a will is admitted at the time a small estate is filed.

If admitting will at time of filing of Small Estate $35.00

Fee

55.5

Applies to

Dispense with minor conservatorship

A petition or proceeding to dispense with a minor conservatorship is charged $55.50.

C. Dispense with Minor Conservatorship (§ 475.330) $55.50

Fee

55.5

Applies to

Sale of real property by nonresident conservator

A sale of real property by a non-resident conservator is charged $55.50.

D. Sale of Real Property by non-resident Conservator $55.50

Fee

55.5

Applies to

Determination of heirship

A determination-of-heirship proceeding is charged $55.50, excluding the fee for service.

E. Determination of Heirship (Does not include fee for service) $55.50

Fee

55.5

Applies to

Petition to require administration

A petition to require administration is charged $55.50, excluding the fee for service.

F. Petition to Require Administration (Does not include fee for $55.50 service)

Fee

55.5

Applies to

Decedent estate letters for final settlement

Letters in a decedent estate are charged $55.50 when the estate's sole purpose is for a personal representative to file the deceased fiduciary's final settlement.

G. Grant of letters in decedent estate where sole purpose of estate $55.50 is for PR to file final settlement of deceased fiduciary

Fee

85.5

Applies to

Trusts and other civil filings

Trust filings and other civil filings are charged $85.50, including the listed examples.

H. Trusts and Other Civil Filings $85.50 For example: Petition for Appointment of Successor Trustee, Petition to Set Aside Irrevocable Trust, Trust Registration, Durable Power of Attorney, Non-Probate Transfer, Transfer to Minor

Fee

155.5

Applies to

Letters for absent person

An initial proceeding for letters for a person absent for five or more years is charged $155.50.

I. Initial proceeding for letters for person absent for five or more $155.50 years

Fee

155.5

Applies to

Letters de bonis non after estate reopening

Granting letters of administration de bonis non when an estate is reopened after discharge is charged $155.50.

J. Grant Letters D/B/N when estate reopened after discharges $155.50

Fee

0

Applies to

File will of decedent only

Filing only the will of a decedent carries no fee.

K. File Will of Decedent (No other proceedings) $0.00

Fee

55.5

Applies to

Admit will to probate only

Admission of a will to probate without other proceedings is charged $55.50.

L. Admit Will to Probate (No other proceedings) $55.50

Fee

0

Applies to

Commission to prove will

Each commission to prove a will carries no fee.

M. Each Commission to Prove Will $0.00

Applies to

Transmit original will to another court

Transmitting an original will to another court requires payment of certified-mail costs only.

N. Transmitting original Will to another Court Certified Mail Cost Only

Fee

3

Applies to

Deposit will for safekeeping

Depositing a will for safekeeping during the testator's lifetime is charged $3.00.

O. Deposit of Will for Safekeeping (Will deposited during $3.00 testator's lifetime)

Fee

0.3

Applies to

Court furnished copies

Court-furnished copies cost $0.30 per page, certification and attestation each cost $4.00, and authentication costs $6.00; qualifying in forma pauperis parties and State of Missouri agencies receive free copies.

The above deposits do not cover the costs of copies of certificates, which are additional. Copies furnished by the Court are $0.30 per page. The cost for certification is $4.00 and the cost for attestation is $4.00. There will be no charge for copies to any party who has been allowed to proceed in forma pauperis or to any agency of the State of Missouri. The charge for authentication is $6.00.

Fee

4

Applies to

Certification

Certification costs $4.00.

The cost for certification is $4.00

Fee

4

Applies to

Attestation

Attestation costs $4.00.

the cost for attestation is $4.00

Fee

6

Applies to

Authentication

Authentication costs $6.00.

The charge for authentication is $6.00.

Fee

50

Applies to

Citation or show cause order

Each citation or show-cause order based on the specified filing or auditor failures carries a $50.00 charge.

For each citation or show cause order for failure to file bonds, inventories, settlements, or final receipts, or for failure to satisfy auditor’s requirements, there will be a charge of $50.00.

Fee

36

Applies to

Citation or show cause order personal service

A $36.00 sheriff's fee is added when personal service is used.

If personal service is used, the sheriff’s fee of $36.00 will be added.

Fee

10

Applies to

Citation or show cause order certified mail

When applicable, certified mail costs $10.00 for each notice, plus copy costs.

Certified mail charges will be assessed, if applicable, in the amount of $10.00 for each notice and copy costs.

Applies to

Will filed for filing only

No filing fee is required when a will is submitted for filing only.

No filing fee is required if the will is merely filed.