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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : CIVIL PROCEDURE AND LIMITATIONS
Chapter : Chapter 514 Costs (Civil Cases)
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1. Except as provided in subsection 3 of this section, if any
court shall, before or after the commencement of any suit pending before
it, be satisfied that the plaintiff is a poor person, and unable to
prosecute his or her suit, and pay all or any portion of the costs and
expenses thereof, such court may, in its discretion, permit him or her to
commence and prosecute his or her action as a poor person, and thereupon
such poor person shall have all necessary process and proceedings as in
other cases, without fees, tax or charge as the court determines the
person cannot pay; and the court may assign to such person counsel, who,
as well as all other officers of the court, shall perform their duties in
such suit without fee or reward as the court may excuse; but if judgment
is entered for the plaintiff, costs shall be recovered, which shall be
collected for the use of the officers of the court.
2. In any civil action brought in a court of this state by any offender
convicted of a crime who is confined in any state prison or correctional
center, the court shall not reduce the amount required as security for
costs upon filing such suit to an amount of less than ten dollars
pursuant to this section. This subsection shall not apply to any action
for which no sum as security for costs is required to be paid upon filing
such suit.
3. Where a party is represented in a civil action by a legal aid society
or a legal services or other nonprofit organization funded in whole or
substantial part by moneys appropriated by the general assembly of the
state of Missouri, which has as its primary purpose the furnishing of
legal services to indigent persons, or by private counsel working on
behalf of or under the auspices of such society, all costs and expenses
related to the prosecution of the suit may be waived without the
necessity of a motion and court approval, provided that a determination
has been made by such society or organization that such party is unable
to pay the costs, fees and expenses necessary to prosecute or defend the
action, and that a certification that such determination has been made is
filed with the clerk of the court. (RSMo 1939 § 1404, A.L. 1995 H.B. 424,
A.L. 1999 S.B. 1, et al.)
Prior revisions: 1929 § 1240; 1919 § 1692; 1909 § 2261
(1973) Where an order of publication for service of process was found to
be a "necessary process" within meaning of this section, relator,
proceeding as a poor person, was entitled to issuance of such order and
to publication of notice thus required without cost, and payment for such
publication should be allowed from county treasury. State ex rel. Taylor
v. Clymer (A.), 503 S.W.2d 53.
(1985) An attorney cannot be forced to represent an indigent prison
inmate in a medical malpractice action without compensation. State ex
rel. Scott v. Roper (Mo. banc), 688 S.W.2d 757.
(1985) A two stage inquiry is required by this statute. In the first
stage the court must determine the plaintiff's eligibility based upon
plaintiff's poverty. In the second stage, given the plaintiff's
indigency, the court should, using its discretion, examine plaintiff
petition to see if it is frivolous or malicious on its face. State ex
rel. Coats v. Lewis (Mo.App.) 689 S.W.2d 800.
(2004) Office of state public defender qualifies under section. State ex
rel. Francis v. McElwain, 140 S.W.3d 36 (Mo.banc).
If any person file, before any clerk in vacation, an affidavit
that he has a just and subsisting cause of action on which he proposes to
bring a suit, and that he is unable to pay the costs, the clerk shall
issue an original writ, without fees for the same. But the court may, in
its discretion, refuse or permit the further prosecution of the suit.
(RSMo 1939 § 1405)
Prior revisions: 1929 § 1241; 1919 § 1693; 1909 § 2262
In all civil actions, or proceedings of any kind, the party
prevailing shall recover his costs against the other party, except in
those cases in which a different provision is made by law. (RSMo 1939 §
1406)
Prior revisions: 1929 § 1242; 1919 § 1694; 1909 § 2263
On all motions the court may give or refuse costs at its
discretion, unless where it is otherwise provided by law. (RSMo 1939 §
1407)
Prior revisions: 1929 § 1243; 1919 § 1695; 1909 § 2264
When any defendant, in any action, shall plead several matters,
any of which shall, upon motion joined, be adjudged insufficient, or if a
verdict shall be found on any issue in the case for plaintiff, costs
shall be given at the discretion of the court. (RSMo 1939 § 1408, A. 1949
H.B. 2122)
Prior revisions: 1929 § 1244; 1919 § 1696; 1909 § 2265
Where there are several counts in any petition, and any one of
them be adjudged insufficient, or a verdict, or any issue joined thereon,
shall be found for the defendant, costs shall be awarded at the
discretion of the court. (RSMo 1939 § 1409)
Prior revisions: 1929 § 1245; 1919 § 1697; 1909 § 2266
(1987) For purposes of assessing costs, it is necessary that a plaintiff
prevail on the issues which generated the costs, not on any particular
claim. Cox v. Crider, 721 S.W.2d 220 (Mo.App.S.D.).
Where several persons are made defendants to any action, and any
one or more of them shall have judgment in his favor, every person so
having judgment shall recover his costs, in like manner as if such
judgment had been entered in favor of all the defendants, unless it shall
appear to the court that there was reasonable cause for making such
person defendant to such action. (RSMo 1939 § 1410)
Prior revisions: 1929 § 1246; 1919 § 1698; 1909 § 2267
In all actions not founded on contract, the damages claimed in
the petition shall determine the jurisdiction of the court, and if the
plaintiff recover any damages he shall recover his costs. (RSMo 1939 §
1411)
Prior revisions: 1929 § 1247; 1919 § 1699; 1909 § 2268
In addition to all other costs which are assessed in civil
actions before the circuit courts of this state, whenever a civil action
is settled and the circuit court in which such action was set for trial
is not notified of such settlement at least two full business days prior
to the trial date, all costs incurred by the court and the county in
preparing for such trial which are not otherwise recoverable from the
parties involved shall be assessed against one or more of the parties as
provided in the settlement agreement. All moneys received from costs
assessed pursuant to this section shall be county revenue and shall be
deposited in the county treasury. (L. 1985 S.B. 5, et al. § 4)
In all cases where either party shall sue out a certiorari upon
any judgment where the same shall be allowed by law, the successful party
in the superior court shall recover costs in both courts. (RSMo 1939 §
1413)
Prior revisions: 1929 § 1237; 1919 § 1689; 1909 § 2258
If any person shall take an appeal from a judgment of any court
to the supreme court, or to any district of the court of appeals, and the
judgment shall be affirmed or the appeal discontinued or dismissed, the
appellee shall recover his costs; and if the judgment be reversed, the
appellant shall recover his costs. (RSMo 1939 § 1417, A. 1949 H.B. 2122,
A.L. 1973 S.B. 263)
Prior revisions: 1929 § 1253; 1919 § 1705; 1909 § 2274
Upon the plaintiff dismissing his suit, or defendant dismissing
the same for want of prosecution, the defendant shall recover against the
plaintiff his costs; and in all other cases it shall be in the discretion
of the court to award costs or not, except in those cases in which a
different provision is made by law. (RSMo 1939 § 1418)
Prior revisions: 1929 § 1254; 1919 § 1706; 1909 § 2275
If a plaintiff who has once dismissed an action in any court
commences an action based upon or including the same claim against the
same defendant, the court may make an order for the payment of any unpaid
costs of the action previously dismissed and may stay the proceedings in
the action until the plaintiff has complied with the order. (L. 1943 p.
353 § 104)
In suits upon obligations, bonds, or other specialties, or on
contracts, express or implied, made to or with the state, or the governor
thereof, or any other person, to the use of the state, or to a county, or
the use of a county, and not brought on the relation or in behalf or for
the use of any private person, if the plaintiff shall recover any debt or
damages, costs shall also be recovered as in other cases; but if such
plaintiff suffer a discontinuance, or suit be dismissed, or non prossed,
or if a verdict shall be found in favor of the defendant, he shall
recover his costs. (RSMo 1939 § 1419, A. 1949 H.B. 2122)
Prior revisions: 1929 § 1255; 1919 § 1707; 1909 § 2276
In all such cases, the judgment against the state or county
shall not be for costs generally, but the amount thereof shall be
expressed in the judgment, and no such judgment shall afterwards be
amended so as to increase the amount for which it was originally entered;
and, upon a transcript of such judgment, together with a certified copy
of the fee bill, showing the items of cost, being presented to the state
auditor or the county court, the same shall be audited and allowed. (RSMo
1939 § 1420)
Prior revisions: 1929 § 1256; 1919 § 1708; 1909 § 2277
1. In any civil action or part of a civil action pending before
any division of any court of this state including the probate division of
the circuit court, if the court finds after a hearing for such purpose
that the cause was initiated, or a defense was asserted, or a motion was
filed, or any proceeding therein was had frivolously and in bad faith,
the court shall require the party who initiated such cause, asserted such
defense, filed such motion, or caused such proceeding to be had to pay
the other party named in such action the amount of the costs attributable
thereto and the reasonable expenses incurred by the party opposing such
cause, defense, motion, or proceeding, including reasonable attorney's
fees and compensation of said party for the time reasonably required of
the party to oppose such cause, defense, motion or proceeding. Nothing in
this section shall be construed as creating any liability on the part of
any attorney representing a party in the proceeding who in good faith
acted at the specific direction of his client in initiating the case,
asserting the defense, filing the motion, or causing the proceeding to be
had.
2. The provisions of this section shall not apply to specific conduct
occurring prior to September 28, 1985. The provisions of this section
shall not apply to proceedings brought in the nature of a civil action
where a convicted person seeks a judicial review of his conviction. (L.
1985 S.B. 5, et al. § 2)
When any suit or proceeding, instituted in the name of the state
or any county, on the relation or in behalf or for the use of any private
person, and where a suit shall be commenced in the name of one person to
the use of another, the person for whose use the action is brought shall
be held liable to the payment of all costs. And in all such cases, as
well where there is security for costs, or where the attorney is liable
for the same, judgment for costs shall be rendered against the person for
whose use the action is brought, the security or attorney, in like manner
and to the same extent as if the suit or proceeding had been instituted
in his own name. (RSMo 1939 § 1421)
Prior revisions: 1929 § 1257; 1919 § 1709; 1909 § 2278
In all cases founded on the statutes concerning the partition of
lands, the costs shall be paid by the parties plaintiff and defendant,
according to their respective interests in the lands which may be the
subject of the proceedings; and the court shall render judgment against
each party for his or her share of such costs. If the lands, or any part
thereof, be sold in partition, then the costs adjudged against the party
or parties whose interests shall be sold shall be paid out of the
proceeds of such sale; and against all parties to such proceedings among
whom partition shall be made in kind, an execution may issue, and shall
be levied on the lands, tenements, goods and chattels of each party to
such proceedings, whose share is set off in kind; provided, that no
lands, tenements, goods or chattels shall be levied upon and sold, under
and by virtue of such execution, except for the satisfaction of such part
of said costs as may be adjudged against the owner thereof. (RSMo 1939 §
1422)
Prior revisions: 1929 § 1258; 1919 § 1710; 1909 § 2279
CROSS REFERENCES: Costs in partition to be paid from proceeds of sale,
RSMo 528.460 Partition costs, RSMo 528.220, 528.320, 528.350, 528.450,
528.530, 528.580, 528.610
In all actions where, before suit brought, tender shall be made
and full payment offered, by discount or otherwise, in such specie and at
such time and place as the party, by contract or agreement, ought to do,
and the thing tendered, if in money, shall be deposited in court, or if
not money, committed under an order of court to the sheriff or other
officer of court, for the use of the plaintiff, before the trial of the
cause shall commence, and the party to whom such tender shall be made
doth refuse the same, and yet afterward will sue for the debt or property
so tendered, the plaintiff shall not recover any costs in such suit, but
the defendant shall recover costs, as if the judgment in the cause had
gone in his favor upon the merits. (RSMo 1939 § 1423)
Prior revisions: 1929 § 1259; 1919 § 1711; 1909 § 2280
Where tender and no deposit shall be made, as provided in
section 514.230, the tender shall only have the effect, in law, to
prevent the running of interest or accumulation of damages from and after
the time such tender was made. (RSMo 1939 § 1424)
Prior revisions: 1929 § 1260; 1919 § 1712; 1909 § 2281
If, in any suit pending, the defendant shall, at any time,
deposit with the clerk, for the use of the plaintiff, the amount of the
debt or damages he admits to be due, together with all costs that have
then accrued, and the plaintiff shall refuse to accept the same in
discharge of his suit, and shall not afterward recover a larger sum for
his debt or damages due, and costs accrued up to the time of deposit,
than the sum so deposited, he shall pay all costs that may accrue from
and after the time such money was so deposited, as aforesaid. (RSMo 1939
§ 1425)
Prior revisions: 1929 § 1261; 1919 § 1713; 1909 § 2282
The clerk shall tax and subscribe all bills of costs arising in
any cause or proceedings instituted or adjudged in the court of which he
is the clerk, agreeably to fees which shall, for the time being, be
allowed by law, and shall in no case allow any item or charge, unless the
service for which it was made was actually performed in the cause. (RSMo
1939 § 1427)
Prior revisions: 1929 § 1263; 1919 § 1715; 1909 § 2284
Any person aggrieved by the taxation of a bill of costs may,
upon application, have the same retaxed by the court in which the action
or proceeding was had, and in such retaxation all errors shall be
corrected by the court; and if the party aggrieved shall have paid any
unlawful charge, by reason of the first taxation, the clerk shall pay the
costs of retaxation, and also to the party aggrieved the amount which he
may have paid by reason of the allowing of such unlawful charge. (RSMo
1939 § 1428)
Prior revisions: 1929 § 1264; 1919 § 1716; 1909 § 2285
In all cases of appeal in the supreme court and the court of
appeals, it shall be the duty of the court, whenever the transcript of a
record shall contain any unnecessary matter had before the inferior
court, to retax the bill of costs of the clerk of the inferior court,
although no motion for that purpose is made by either party; and when the
fees for such unnecessary matter contained in the transcript of the
record shall have been paid to the clerk of the inferior court, the
appellate court shall order the same to be refunded, which order may be
enforced by attachment. (RSMo 1939 § 1429, A. 1949 H.B. 2122, A.L. 1973
S.B. 263)
Prior revisions: 1929 § 1265; 1919 § 1717; 1909 § 2286
All costs involved in the execution and sale of property
pursuant to judgment, except attorney's fees, may be awarded as judgment
in favor of the party incurring such costs, including moving expenses,
insurance, storage charges, and any other expenses except for attorney's
fees, reasonably incurred as a result of such execution and sale.
Creditors shall certify such expenses as true and accurate in an
affidavit filed with the court, and shall provide the court with copies
of all receipts. The court may then award such costs as it deems
reasonable and necessary. (L. 1985 S.B. 5, et al. § 3, A.L. 1996 S.B. 869)
Effective 7-1-97
Every fee bill and every writ of fieri facias issuing out of any
court of record in this state, shall have written or printed thereon a
true statement of each and every item of all the taxable costs in the
case, and over against each item so stated there shall be set the amount
of money taxed thereunder; and when the same shall come to the hands of
any officer authorized by law to enforce the collection thereof, he shall
also itemize all the costs to be added thereto by him for his own
services. (RSMo 1939 § 1435, A. 1949 H.B. 2122)
Prior revisions: 1929 § 1271; 1919 § 1723; 1909 § 2292
The clerks who are responsible by law or court rule for
collecting court costs shall strictly examine the accounts of all court
costs accruing during the progress of any civil suit pending in divisions
for which they are responsible for collecting court costs, and shall
correct the same if wrong in any manner, and shall thereupon enter the
amount thereof upon their records; and if the person or persons and their
sureties for costs properly chargeable with such court costs shall
neglect or refuse to pay the amount thereof, and costs for issuing and
serving the same, within thirty days after demand, the clerk shall take
such action to collect such fees as provided by sections 488.010 to
488.020*, RSMo. (RSMo 1939 § 13398, A. 1949 H.B. 2122, A.L. 1978 H.B.
1634, A.L. 1996 S.B. 869)
Prior revisions: 1929 § 11776; 1919 § 10986; 1909 § 10690
Effective 7-1-97
*Original rolls contain "section 514.015" which was changed to effectuate
the court cost bill.
In any court case or proceeding in which a guardian ad litem is
appointed by the court to safeguard the interests of a minor and in which
the minor is not a party, the court may enter judgment in favor of the
guardian ad litem allowing reasonable compensation for such guardian ad
litem's services. (L. 1982 S.B. 722 § 1, A.L. 1996 S.B. 869)
Effective 7-1-97
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