483.550. Clerks to charge, collect court costs, when.
Clerks to charge, collect court costs, when.
483.550. 1. Each circuit clerk, or person fulfilling the duties ofthe circuit clerk pursuant to this chapter, however denominated, shallcharge, collect, and be the responsible clerk for every court cost accruingto 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 foror under a duty to collect the following court costs:
(1) Court costs in a case pending in the probate division of thecircuit court;
(2) Court costs in a case while it pends in a municipal division ofthe circuit court, in municipalities electing or required to haveviolations of municipal ordinances tried before a municipal judge pursuantto section 479.020, RSMo, or to employ judicial personnel pursuant tosection 479.060, RSMo;
(3) Court costs in a case which was originally filed and pends beforean associate circuit judge; provided, however, that such exception withrespect to cases filed and pending before an associate circuit judge shallnot apply (a) in the city of St. Louis and (b) when by local circuit courtrule it is provided that cases which are to be heard by associate circuitjudges shall be centrally filed and final judgments therein maintained inan office which is operated and staffed by the circuit clerk and suchclerk's deputies.
2. Each chief division clerk for the probate division of the circuitcourt shall charge and collect every court cost accruing to the probatedivision of the circuit court to which it may be entitled under the law.
3. In divisions presided over by associate circuit judges for whichthe circuit clerk is not responsible for collecting court costs ashereinabove provided, the associate circuit judge shall designate by orderentered of record a division clerk who shall be responsible for thecollection of all court costs with respect to cases in the division; or ifthere be a centralized filing and docketing system for two or moredivisions presided over by an associate circuit judge, then a divisionclerk or clerks shall be designated in accordance with the provisions oflocal circuit court rule by an order which shall be entered of record, andif there be no such rule adopted, then a majority of the associate circuitjudges being served shall designate a division clerk or clerks who shall beresponsible for the collection of all court costs with respect to cases inthe divisions served by the centralized filing and docketing system.
4. Notwithstanding the provisions of subsections 1, 2 and 3 of thissection, by vote of all judges, circuit and associate circuit, of a circuitcourt, en banc, the circuit court may adopt a system by local circuit rulewhereby the circuit clerks within the circuit shall have administrativecontrol over and be responsible for the charging and collection of allcourt costs accruing to the court other than court costs in a case while itpends in the municipal divisions of the circuit court, in municipalitieselecting or required to have violations of municipal ordinances triedbefore a municipal judge pursuant to section 479.020, RSMo, or to employjudicial personnel pursuant to section 479.060, RSMo. The chief divisionclerk for the probate divisions of the circuit court may be designated bythe local circuit rule to charge and collect every court cost accruing tothe probate divisions of the circuit court to which it may be entitledunder the law, under the supervision of the circuit clerk.
5. The responsible clerks shall make periodic reports of delinquentcourt costs which are due at such times and in such form as may be requiredby the state courts administrator.
6. It shall be the duty of each prosecuting attorney when such bereferred to such prosecuting attorney by the responsible clerk toreasonably attempt to collect such delinquent court costs. In the case ofdelinquent court costs which are payable to the state, it shall be the dutyof each prosecuting attorney, and the attorney general when such bereferred to the attorney general by the state courts administrator toreasonably 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.