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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : COURTS
Chapter : Chapter 483 Clerks of Courts of Record and Court Records
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No person shall be appointed or elected clerk of any court,
unless he be a citizen of the United States, above the age of twenty-one
years, and shall have resided within the state one whole year, and within
the geographical area over which the court has jurisdiction or, in the
case of circuit clerks, within the county from which elected, three
months before the appointment or election; and every clerk shall, after
his appointment or election, reside in the geographical area over which
the court he serves has jurisdiction or, in the case of circuit clerks,
in the county for which he is clerk. (RSMo 1939 § 13269, A.L. 1978 H.B.
1634)
Prior revisions: 1929 § 11650; 1919 § 2096; 1909 § 2661
Effective 1-2-79
1. At the general election in the year 1982, and every four
years thereafter, except as herein provided and except as otherwise
provided by law, circuit clerks shall be elected by the qualified voters
of each county and of the city of St. Louis, who shall be commissioned by
the governor, and shall enter upon the discharge of their duties on the
first day in January next ensuing their election, and shall hold their
offices for the term of four years, and until their successors shall be
duly elected and qualified, unless sooner removed from office.
2. The court administrator for Jackson County provided by the charter of
Jackson County shall be selected as provided in the county charter and
shall exercise all of the powers and duties of the circuit clerk of
Jackson County. The director of judicial administration and the circuit
clerk of St. Louis County shall be selected as provided in the charter of
St. Louis County.
3. When provision is made in a county charter for the appointment of a
court administrator to perform the duties of a circuit clerk or for the
appointment of a circuit clerk, such provisions shall prevail over the
provisions of this chapter providing for a circuit clerk to be elected.
The persons appointed to fill any such appointive positions shall be paid
by the counties as provided by the county charter or ordinance; provided,
however, that if provision is now or hereafter made by law for the
salaries of circuit clerks to be paid by the state, the state shall pay
over to the county a sum which is equivalent to the salary that would be
payable by law by the state to an elected circuit clerk in such county if
such charter provision was not in effect. The sum shall be paid in
semimonthly or monthly installments, as designated by the commissioner of
administration.
*4. The circuit clerk in the sixth judicial circuit and in the seventh
judicial circuit shall be appointed by a majority of the circuit judges
and associate circuit judges of the circuit court, en banc. The circuit
clerk in those circuits shall be removable for cause by a majority of the
circuit judges and associate circuit judges of such circuit, en banc, in
accordance with supreme court administrative rules governing court
personnel. This subsection shall become effective on January 1, 2004, and
the elected circuit clerks in those circuits in office at that time shall
continue to hold such office for the remainder of their elected terms as
if they had been appointed pursuant to the terms of this subsection.
(RSMo 1939 § 13283, A. 1949 S.B. 1145, A.L. 1973 S.B. 263, A.L. 1978 H.B.
1634, A.L. 1980 H.B. 1266, A.L. 2003 S.B. 186)
Prior revisions: 1929 § 11664; 1919 § 2110; 1909 § 2673
*Subsection 4 became effective 1-1-04
When any vacancy shall occur in the office of any circuit clerk
so elected, by death, resignation, removal, refusal to act or otherwise,
it shall be the duty of the governor in the case of an elected clerk to
fill such vacancy by appointing some eligible person to said office, who
shall discharge the duties thereof until the next general election, at
which time a clerk shall be chosen for the remainder of the term, who
shall hold his office until his successor is duly elected and qualified,
unless sooner removed. (RSMo 1939 § 13284, A. 1949 S.B. 1145, A.L. 1978
H.B. 1634)
Prior revisions: 1929 § 11665; 1919 § 2111; 1909 § 2674
Effective 1-2-79
If, at any time, any court shall be satisfied that any surety of
the clerk of said court is deceased or insolvent, or otherwise
insufficient, or in danger of becoming insufficient, or that the penalty
of the bond of the clerk is not sufficiently large, it shall cause the
clerk to enter into a new bond with sufficient security, which shall be
deposited in the office of the secretary of state. If any clerk shall
fail to give such bond within thirty days after he is required by the
court, his office shall be vacated and a successor appointed. (RSMo 1939
§ 13289, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 11670; 1919 § 2116; 1909 § 2679
Effective 1-2-79
Each clerk shall preserve the seal and other property belonging
to his office, and shall provide and preserve suitable books, stationery
and furniture for his office, and keep a correct account thereof; and
each court shall audit such accounts, and allow such as shall be
reasonable; but no article charged on any such account shall be allowed
unless it properly comes within the description of those expressly named,
except for fuel furnished for such office, for which the court shall make
a reasonable allowance. (RSMo 1939 § 13291)
Prior revisions: 1929 § 11672; 1919 § 2118; 1909 § 2681
All such allowances made to the clerks of the supreme court and
the districts of the Missouri court of appeals shall be paid by the
state, and those made to circuit and division clerks by the proper county
except as otherwise provided by law. Allowances for clerks serving
municipal divisions of the circuit court shall be paid by the
municipality served by the clerk. (RSMo 1939 § 13292, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 11673; 1919 § 2119; 1909 § 2682
Effective 1-2-79
Each clerk shall keep his office at such places as the court
shall direct, and shall there keep the records, papers, seal and property
belonging to his office and transact his official business; except that,
each clerk may store closed court files and the records and papers
pertinent thereto at any secure place within the county wherein the court
is held, if adequate provisions are made for the examination and use of
same. (RSMo 1939 § 13293, A.L. 1971 S.B. 136, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 11674; 1919 § 2120; 1909 § 2683
Effective 1-2-79
In case of danger from an invading enemy any clerk may remove
the records, papers and other things appertaining to his office to some
secure place until the danger is removed. (RSMo 1939 § 13294)
Prior revisions: 1929 § 11675; 1919 § 2121; 1909 § 2684
1. Every clerk shall record the judgments, rules, orders and
other proceedings of the court; issue and attest all process when
required by law and affix the seal of his office thereto, or if none be
provided, then his private seal; keep a perfect account of all moneys
coming into his hands on account of costs or otherwise, and punctually
pay over the same.
2. Provided, that where the clerk of the circuit court is a party,
plaintiff or defendant, whether singly or jointly with others, to a suit
or action, the writ of summons and all other process shall be issued by
the clerk of the county commission, the reason therefor being noted on
said process, and said latter named clerk shall, on the trial of said
cause, act as temporary clerk of the circuit court and otherwise perform
in said cause all the duties of the circuit court clerk. (RSMo 1939 §
13295, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 11676; 1919 § 2122; 1909 § 2685
Effective 1-2-79
Every clerk may appoint such number of deputies or assistants as
may be authorized to be appointed under procedures provided by law who
shall be at least seventeen years of age and have all other
qualifications of their principals and take the like oath, and may in the
name of their principals perform the duties of clerk; but all clerks and
their sureties shall be responsible for the conduct of their deputies or
assistants. (RSMo 1939 § 13299, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 11680; 1919 § 2124; 1909 § 2687
Effective 1-2-79
1. Notwithstanding the provision of any other statute to the
contrary, it shall be the duty of the clerks of all courts to keep such
records of the courts and in such a manner as may be directed by rule of
the supreme court so that they shall accurately record all essential
matters relating to the causes and matters within the jurisdiction of the
court which are and have been pending before the court, including
pleadings, motions and related documents, transactions, orders and
judgments or decrees related thereto showing the course and disposition
of causes and matters, the taxing and collection of court costs, and the
setting of trial calendars or dockets of pending cases.
2. Recognizing that improved methods and systems of keeping records and
data have been and will continue to be developed from time to time and
that all court clerks should be empowered to utilize improved methods,
systems and techniques of keeping records of essential matters, and
notwithstanding the provisions of any other statute to the contrary, the
methods, form and systems of keeping all such files and records shall be
as directed and approved by rule of the supreme court. (L. 1973 S.B. 71,
A.L. 1978 H.B. 1634)
Effective 1-2-79
1. Each circuit clerk shall annually receive as compensation the
following amounts as base salary:
(1) In counties of the first classification, thirty-six thousand one
hundred forty-five dollars; except those counties where court is held in
two cities, in which instance an additional four thousand dollars shall
be added to the base salary;
(2) In all counties of the second or fourth classification, thirty-one
thousand nine hundred seventy-eight dollars; except those counties where
court is held in two cities, thirty-five thousand five hundred forty-nine
dollars;
(3) In the counties of the third classification, twenty-seven thousand
two hundred eighteen dollars except those counties where court is held in
two cities; thirty thousand three hundred eight dollars; except Marion
County circuit clerks, district one and district two in Hannibal,
thirty-one thousand three hundred eighty-three dollars;
(4) In the city of St. Louis, sixty-seven thousand three hundred sixty
dollars;
(5) The compensation of circuit clerks provided by this subsection shall
annually be increased by an amount equivalent to the annual salary
adjustment approved pursuant to section 476.405, RSMo, for employees of
the judicial department.
2. Such circuit clerks shall receive in addition to any salary provided
by this section any salary adjustment provided pursuant to section
476.405, RSMo.
3. In the event the judge orders child support payments in Marion County
to be made through the clerk, the clerk shall annually, on or before
February first of each year, charge ten dollars per year to each such
person so obligated to make child support payments, which fee shall be
paid to the state.
4. Payment of the compensation provided in this section shall be payable
in equal monthly installments, except that the salary of the circuit
clerk of the city of St. Louis shall be paid in semimonthly installments
and except that all such compensation paid by the state shall be paid in
installments as provided in section 33.100, RSMo. The compensation of all
circuit clerks shall be paid by the state and they shall be considered
state employees for all purposes except the manner of their selection,
appointment or removal from office; except that, the circuit clerk of the
city of St. Louis, the circuit clerk of St. Louis County and the court
administrator of Jackson County shall continue to be paid by the city and
those counties and shall not become state employees, but the city of St.
Louis, St. Louis County and Jackson County shall each be paid an amount
which is equivalent to a circuit clerk's salary as provided in subsection
3 of section 483.015.
5. The compensation provided in this section shall be in lieu of all
fees, and all fees collected shall be paid over to the state or to the
counties and the city of St. Louis as otherwise provided by law. (L. 1978
H.B. 1121 & 1257, H.B. 1634, A.L. 1980 H.B. 1266, A.L. 1982 S.B. 497,
A.L. 1983 S.B. 250, A.L. 1984 S.B. 581, A.L. 1987 S.B. 65, et al., A.L.
1989 S.B. 315, A.L. 1993 H.B. 571, A.L. 1995 H.B. 274 & 268)
Revisor's note: Salary adjustment index is printed, as required by §
476.405, in Appendix D, RSMo.
In any city not within a county the circuit clerk shall serve as
secretary to the court en banc. The circuit clerk shall attend all
sittings of the court en banc at which the presiding judge presides, and
keep the minutes of such proceedings. At the circuit clerk's direction, a
deputy circuit clerk may perform the duties of the secretary of the court
en banc. (L. 1987 S.B. 65, et al. § 8)
Each circuit clerk shall prepare a summary of all amounts
collected pursuant to section 57.955, RSMo, during the preceding calendar
year and shall annually, by July first of the succeeding year, send a
copy of such summary to the state auditor. (L. 1984 S.B. 581 § 1, A.L.
1989 S.B. 315)
Effective 6-30-89
Subject to other provisions of law, the provisions of supreme
court rule and the supervisory jurisdiction of the supreme court, the
courts, respectively, shall, by rule, direct the pleadings and other
papers to be filed in such form and in such places as the court shall
determine to best serve the citizenry, and shall direct their clerks in
making up the rolls of the judgments rendered. (RSMo 1939 § 2003, A.L.
1978 H.B. 1634)
Prior revisions: 1929 § 1839; 1919 § 2336, 1909 § 3858
Effective 1-2-79
Whenever, in the opinion of any court of record, or the judge or
judges thereof in vacation, it shall be necessary for the papers in cases
remaining on file in the office of the clerk of such court to be bunched
and encased in suitable envelopes or wrappers, labeled and reindexed,
such court, or the judge or judges thereof in vacation, may order the
clerk of said court to perform such service. (RSMo 1939 § 13298, A.L.
1945 p. 662 § 13297)
Prior revisions: 1929 § 11679; 1919 § 2123; 1909 § 2686
It shall be the special duty of every judge of a court of record
to examine into and superintend the manner in which the rolls and records
of the court are made up and kept; to prescribe orders that will procure
uniformity, regularity and accuracy in the transaction of the business of
the court; to require that the records and files be properly maintained
and entries be made at the proper times as required by law or supreme
court rule, and that the duties of the clerks be performed according to
law and supreme court rule; and if any clerk fail to comply with the law,
the court shall proceed against him as for a misdemeanor. (RSMo 1939 §
2004, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1840; 1919 § 2337; 1909 § 3859
Effective 1-2-79
In the event that a case file or record is lost or destroyed, it
may be reconstructed under the supervision of the court. (RSMo 1939 §
2006, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1842; 1919 § 2339; 1909 § 3861
Effective 1-2-79
The clerks of the several courts of record shall keep a true
account of all fines, penalties, forfeitures and judgments imposed,
adjudged or rendered in favor of the state or any county by their
respective courts, distinguishing those payable to the state from those
payable to the county, and shall keep the same open for the inspection of
the judges of the respective courts and the county treasurer. (RSMo 1939
§ 11222)
Prior revisions: 1929 § 9991; 1919 § 12981; 1909 § 11533
1. Hereafter it shall be the duty of all court clerks to keep in
their offices a catalogue of all reports belonging to their respective
offices, and they shall deliver or account to their successors in office
for all such reports.
2. And upon failure to so deliver the same, the prosecuting attorney of
the proper city or county or the attorney general shall institute a suit,
to the use of the state, against said clerk, or on the bond of said
clerk, and in case of recovery in said suit, recovery shall be three
times the value of said reports that said clerk shall have failed to
deliver. (RSMo 1939 § 2098, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1936; 1919 § 2434; 1909 § 3954
Effective 1-2-79
1. Each circuit clerk, except the circuit clerk in any city not
within a county, shall cooperate with the prosecuting attorney and
division of child support enforcement in the investigation and
documentation of possible criminal nonsupport pursuant to section
568.040, RSMo.
2. Other provisions of law to the contrary notwithstanding, for the
performance of the duties prescribed in subsection 1 of this section,
each circuit clerk, except the circuit clerk in any city not within a
county, in addition to any other compensation provided by law, shall
receive five thousand dollars per year beginning January 1, 1997. Such
compensation shall be payable in equal installments in the same manner
and at the same time as other compensation is paid to the circuit clerk.
3. For every year beginning July 1, 1998, the amount of increased
compensation established in subsection 2 of this section shall be
adjusted by any salary adjustment authorized pursuant to section 476.405,
RSMo. (L. 1996 S.B. 719, A.L. 1999 S.B. 291)
Effective 7-1-99
If any clerk shall knowingly and willfully do any act contrary
to the duties of his office, or shall knowingly and willfully fail to
perform any act or duty required of him by law, he shall be deemed guilty
of a misdemeanor in office. (RSMo 1939 § 13300)
Prior revisions: 1929 § 11681; 1919 § 2125; 1909 § 2688
1. When any court shall believe from its own knowledge or from
information secured from others given to the court under oath or
affirmation, that the clerk of the court has committed some act or acts
constituting a misdemeanor in office, the court shall give notice
thereof, stating the charge or charges against such clerk, to the
attorney general of the state or the prosecuting attorney of the county,
requiring him to prosecute the same; and such court may by order of
record suspend such clerk from office until a trial upon such charge or
charges can be had.
2. Pending such suspension, the court shall appoint some person
possessing the qualifications required for the regular clerks of such
court to act and perform the duties of the clerk of said court. Before
entering upon the duties of his office such temporary clerk shall take
and subscribe an oath or affirmation and give bond as required for clerks
of said courts. Such temporary clerk shall possess the same powers and
perform the same duties as provided for clerks of the court to which they
are appointed, and shall continue in office until the regular clerk of
such court shall resume his office, or his successor shall be duly
elected and qualified, as the case may be.
3. Provided, however, that when the court shall prefer charges against
the clerk of any court as herein provided the said clerk shall remain in
possession of and continue to perform the duties of this office by giving
bond to the state with at least two solvent sureties, the amount of said
bond to be fixed and the bond to be approved by the chief or presiding
judge of the court, conditioned that said clerk and his sureties shall
pay all costs, damages and fines which may be assessed against him upon
his trial; and if said clerk shall fail to furnish said bond within
fifteen days after receiving notice to do so, his suspension shall become
fully effective and he shall surrender up his said office to the
temporary clerk. (RSMo 1939 § 13301, A.L. 1945 p. 663, A.L. 1978 H.B.
1634)
Prior revisions: 1929 § 11682; 1919 § 2126; 1909 § 2689
Effective 1-2-79
Whenever the attorney general or prosecuting attorney shall be
required to prosecute charges against any clerk, he shall make out each
charge in due form, and cause a copy thereof to be served on him,
together with a notice requiring him to appear before the court, on some
day in term time, to be specified in such notice, and answer the said
charges. (RSMo 1939 § 13302)
Prior revisions: 1929 § 11683; 1919 § 2127; 1909 § 2690
Such notice and a copy of the charges shall be delivered to such
clerk thirty days at least before the day so appointed, and the attorney
general or prosecuting attorney shall file such charges in the office of
the clerk of the circuit court in the county where the clerk's office is
located, and shall cause witnesses to be summoned to support the same,
and shall prosecute such charges with all convenient speed. (RSMo 1939 §
13303, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 11684; 1919 § 2128; 1909 § 2691
Effective 1-2-79
A jury may be summoned to try the truth of the charges, if they
are denied, or the whole matter may be submitted to the court for its
determination. (RSMo 1939 § 13305)
Prior revisions: 1929 § 11686; 1919 § 2130; 1909 § 2693
If any clerk against whom charges shall be exhibited as
aforesaid shall be found guilty thereof, he shall be removed from his
office, and be fined at the discretion of the court in any sum not
exceeding one thousand dollars to the use of the state; and he shall pay
all the costs of the proceedings. (RSMo 1939 § 13306, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 11687; 1919 § 2131; 1909 § 2694
Effective 1-2-79
If any such clerk shall be acquitted, he shall be reinstated in
his office, and the state shall pay the cost. (RSMo 1939 § 13307, A.L.
1978 H.B. 1634)
Prior revisions: 1929 § 11688; 1919 § 2132; 1909 § 2695
Effective 1-2-79
In addition to the mode herein provided, any clerk may, for any
misdemeanor in office, be removed and otherwise punished by indictment in
the circuit court. (RSMo 1939 § 13308)
Prior revisions: 1929 § 11689; 1919 § 2133; 1909 § 2696
If any clerk die, resign or be removed, he or his executors or
administrators shall deliver all records, books, papers, files, seals and
other things belonging to his office to his successor as soon as
appointed, who shall take charge of the same. (RSMo 1939 § 13309)
Prior revisions: 1929 § 11690; 1919 § 2134; 1909 § 2697
Notwithstanding any other provisions of law or provisions of
supreme court rules, the clerk of the supreme court shall keep his office
in the supreme court building at Jefferson City and other personnel which
the supreme court is authorized to appoint pursuant to section 477.005,
RSMo, may keep their offices in the supreme court building. (RSMo 1939 §
13272, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 11653; 1919 § 2099; 1909 § 2664
Effective 1-2-79
The clerk of the supreme court shall be liable on his official
bond for the acts of his deputies in the discharge of their duties as
such. (RSMo 1939 § 13280, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 11661; 1919 § 2107; 1909 § 2670
Effective 1-2-79
1. Each circuit clerk shall have administrative control over,
and be responsible for, the safekeeping of the records of the circuit
court of each county or of the city of St. Louis, except for the
following:
(1) Records in probate divisions;
(2) Records in cases while they are pending in divisions presided over by
an associate circuit judge; provided, however, this subdivision (2) shall
not apply to cases pending before associate circuit judges in the circuit
court of the city of St. Louis;
(3) Records in cases while they are pending in the municipal divisions;
and
(4) Records of the traffic violation bureaus.
2. Associate circuit judges and judges of the probate divisions who are
authorized to appoint division clerks shall have administrative control
over the division clerks they appoint and the records of their divisions.
With respect to divisions which are staffed by division clerks rather
than by the circuit clerk or deputy circuit clerks, the judge appointing
the division clerks for that division shall designate a chief division
clerk who shall be primarily responsible for the safekeeping of the
records of that division. (L. 1978 H.B. 1634)
Effective 1-2-79
*No continuity with § 483.240 as repealed by L. 1972 S.B. 485.
1. Deputy circuit clerks shall constitute the clerical staff of
the circuit clerk to perform those duties for which the circuit clerk has
general administrative control.
2. Division clerks shall constitute the clerical staff of the circuit
court to perform the recordkeeping functions of the circuit court for
which the circuit clerk does not have general administrative control,
except with respect to records in cases while they pend in municipal
divisions or in a traffic violations bureau maintained by a municipality.
Division clerks shall be under the administrative control of the judge
who appoints them.
3. Municipal clerks shall constitute the clerical staff of the circuit
court to perform the recordkeeping functions in the municipal divisions.
4. Municipal clerks shall perform the clerical functions in the traffic
violation bureaus in those municipalities which have a municipal judge or
judges. Clerical personnel of the municipality shall perform the clerical
functions of the traffic violation bureaus in those municipalities which
have no municipal judges. (L. 1978 H.B. 1634)
Effective 1-2-79
1. The provisions of this section shall become effective on July
1, 1981.
2. The circuit clerk, or person exercising the authority of the circuit
clerk pursuant to county charter, shall appoint all deputy circuit
clerks, including deputy circuit clerks serving in courtrooms, and shall
prescribe and assign the duties of such deputy circuit clerks. The
circuit clerk may remove from office any deputy circuit clerk whom he
appoints. All division clerks, as defined in section 483.241, shall be
appointed by the judge of the division such clerks serve, and such judge
may remove from office any division clerk whom he appoints.
3. Notwithstanding the provisions of subsection 2 of this section, if, on
June 30, 1981, in any county or in the city of St. Louis, there exists by
reason of local charter, a plan of merit selection and retention or other
similar personnel plan, providing for selection, tenure or retention of
deputy circuit clerks or division clerks, after July 1, 1981, as to
clerical personnel who were, on June 30, 1981, under such a plan, the
provisions for merit retention and tenure shall continue to apply as to
such persons insofar as is reasonably possible even though they are paid
by the state and become state employees, and the circuit court en banc
shall be considered as the commission or board for determining the
propriety of any disciplinary or dismissal action.
4. In addition to the authority to remove deputy circuit clerks and
division clerks hereinabove provided, the circuit court en banc may
remove from office a deputy circuit clerk or division clerk for cause.
5. The maximum number of deputy circuit clerks for each county and the
maximum number of division clerks for a particular division shall be
determined by order of the circuit court en banc. Such order may be
modified for cause by order of the supreme court, or if no order is
entered providing for the number of deputy circuit clerks and division
clerks, the supreme court may enter such order.
6. The salaries of deputy circuit clerks and division clerks shall be
established by the circuit clerk in the case of deputy circuit clerks, or
the judge appointing the division clerk in the case of division clerks,
within salary ranges and classifications which may from time to time be
established by administrative rule of the supreme court within the limit
of funds appropriated for this purpose. The salaries of deputy circuit
clerks and division clerks shall be paid by the state, and they shall be
state employees.
7. Notwithstanding the other provisions of this section providing for the
establishment of the number of deputy circuit clerks and division clerks
serving the various circuit courts and the determination of their
salaries, such determinations shall not be construed as mandating
appropriations to fund such positions, and the payment of the salaries
and emoluments of deputy circuit clerks and division clerks shall be
subject to the availability of moneys appropriated for those purposes by
the general assembly or federal grant moneys.
8. For purposes of this section, the circuit court en banc shall be
deemed to include all circuit and associate circuit judges of the entire
circuit, and determinations or orders of the circuit court en banc shall
be by action of a majority of such judges in office. (L. 1978 H.B. 1634,
A.L. 1979 S.B. 165)
Effective 7-1-81
The selection, tenure and compensation of municipal clerks shall
be as provided by the municipality involved; provided, however, that the
compensation of municipal clerks shall not be predicated upon the amount
of fines levied or the number of guilty pleas or adjudications of guilt
in causes processed through the municipal divisions or the traffic
violations bureaus which they serve. (L. 1978 H.B. 1634)
Effective 1-2-79
The clerk of the circuit court of the city of St. Louis may
employ an attorney or attorneys to aid and advise him in the discharge of
his duties, to render independent legal advice and services and to
represent him in court. The attorneys employed by the clerk shall receive
in the aggregate as compensation for their services twenty-five thousand
dollars per annum, payable out of the state treasury in installments as
certified by the circuit clerk. (L. 1945 p. 746 § 4, A.L. 1959 S.B. 164,
A.L. 1978 H.B. 1634, A.L. 1980 H.B. 1266, A.L. 1987 S.B. 65, et al.)
(1986) The small amount of pay allowed by this section indicates that it
is intended as an allowance for extraordinary legal needs, not day-to-day
staff attorneys. Bauer v. Bosley, 802 F.2d 1058 (8th Cir.).
The clerk of said circuit court shall keep in his office the
abstract of judgments kept by the clerk of the St. Louis land court prior
to January 1, 1866 in pursuance of "the act to establish a land court in
St. Louis county, and for other purposes", approved December 12, 1855
(RSMo 1855 p. 1592), and shall enter therein all judgments rendered by
said circuit court, and shall perform all other duties in relation to
said abstract which shall have theretofore been performed by or incumbent
upon the clerk of said land court. (RSMo 1939 § 2227, A. 1949 S.B. 1145)
Prior revisions: 1929 § 2125; 1919 § 2628; 1909 § 4161
1. Whenever any funds other than court costs collected and
disbursed pursuant to subsection 2 of section 488.012, RSMo, are paid
into the registry of any circuit court and the court determines, upon its
own finding or after application by one of the parties, that such funds
can be reasonably expected to remain on deposit for a period sufficient
to provide income through investment, the court may make an order
directing the clerk to deposit such funds as are described in the order
in savings deposits in banks, savings and loan associations, credit
unions, or in United States treasury bills and invest funds only in
investments permitted by the state treasurer in article IV, section 15 of
the Missouri Constitution. Deposits of such funds in any bank or savings
and loan association shall not exceed the limits of the federal deposit
insurance on accounts in such institution. Additional deposits in excess
of FDIC, FSLIC and NCUSIF shall be secured by government securities or in
accordance with the state treasurer's investment requirements in article
IV, section 15 of the Missouri Constitution. All such accounts shall be
in the name of the "Clerk of the .......... Court as Trustee in
.......... (Style and Cause Number)", the exact name to be prescribed in
the court's order. The court may prescribe a bond or other guarantee for
the security of the fund. Necessary costs, including reasonable costs for
administering the investment, may be paid from the income received from
the investment of the trust fund. The net income so derived shall be
added to and become a part of the principal.
2. In the absence of such an application by one of the parties within
sixty days from the payment of such funds into the registry of the court,
the clerk of the court may invest funds placed in the registry of the
court in savings deposits in banks, credit unions or savings and loan
associations carrying federal deposit insurance to the extent of the
insurance or in United States treasury bills and invest funds only in
investments permitted the state treasurer in article IV, section 15 of
the Missouri Constitution and the income derived therefrom may be used by
the clerk for paying the premiums on bonds of employees of the clerk,
rent on safety deposit boxes, subscriptions on publications available
pursuant to section 477.235, RSMo, books and publications of the Missouri
Bar and books and other publications and materials published by the state
of Missouri, printing of pamphlets or booklets of the rules adopted by
the court or clerk and forms used in the court which comply with the
statutes of the state of Missouri and the rules of the supreme court,
copies of which shall be distributed to litigants and members of the bar
practicing in the court, and other expenditures of the circuit clerk's
office, and the balance, if any, shall be paid into the general revenue
fund of the county, except that when provision is made in a county
charter for the appointment of a court administrator to perform the
duties of a circuit clerk or for the appointment of a circuit clerk by
the court, such income may also be used for any expenditures of the court
other than expenditures for travel or entertainment. If any application
for the investment of such funds is filed by one of the parties after
sixty days, an order may be entered providing for investment of funds as
provided in subsection 1 of this section, and the clerk shall thereupon
reinvest such funds within a reasonable time thereafter in accordance
with the order.
3. As used in this section and section 483.312, the term "clerk" shall
mean the circuit clerk with respect to funds in those cases for which the
circuit clerk is responsible for collecting court costs as provided in
section 483.550 and shall also mean those clerks who are designated by or
pursuant to section 483.550 to collect court costs with respect to funds
in those cases for which they are so made responsible for collecting
court costs.
4. If a clerk is charged by a court with collecting any moneys which are
not court costs as defined by sections 488.010 to 488.020, RSMo, the
clerk may use any of the procedures provided by sections 488.010 to
488.020, RSMo, to collect such funds, if not paid as ordered by the court.
5. The clerk may deposit funds in depository institutions and invest
funds only in investments permitted by the state treasurer in article IV,
section 15 of the Missouri Constitution. (L. 1947 V. I p. 428 § 1, A.L.
1971 S.B. 136, A.L. 1977 H.B. 180, A.L. 1978 H.B. 1634, A.L. 1982 S.B.
497, A.L. 1985 S.B. 388, A.L. 1987 S.B. 65, et al., A.L. 1989 H.B. 792,
A.L. 1996 S.B. 869, A.L. 1999 S.B. 386)
1. Whenever any funds subject to section 483.310 placed in the
registry of the circuit court in any county, and in cities now having or
which hereafter have six hundred thousand inhabitants or more, are
deposited in a banking institution, the funds in excess of the amount, if
any, of federal deposit insurance carried by said banking institution
under the law as it now exists or as it may be hereafter amended, shall
be secured by the depositary by the deposit of securities of the
character prescribed by section 30.270, RSMo, for the security of funds
deposited by the state treasurer under the provisions of section 30.240,
RSMo.
2. The securities shall have a constant value equal to the excess of the
deposit over the federal deposit insurance, if any, and at the option of
the depositary banking institution, be delivered to the clerk, or be
deposited with such disinterested banking institution or safe depositary
as trustee as may be satisfactory to both parties to the depositary
agreement.
3. The rights and duties of the several parties to the depositary
contract shall be the same as those of the state and the depositary
banking institution respectively under section 30.270, RSMo. If a
depositary banking institution deposits the bonds or securities with a
trustee as above provided, and the clerk gives notice in writing to the
trustee that there has been a breach of the depositary contract and makes
demand in writing on the trustee for the securities, or any part thereof,
then the trustee shall forthwith surrender to the clerk a sufficient
amount of the securities as may fully protect the depositor from loss and
the trustee shall thereby be discharged of all further responsibility in
respect to the securities so surrendered. (L. 1957 p. 362 § 1, A.L. 1959
S.B. 28, A.L. 1978 H.B. 1634, A.L. 1996 S.B. 869)
Effective 7-1-97
The circuit clerk of Lewis County shall attend the circuit court
at Canton in person, or by deputy, and perform such duties in respect to
said court as is or may be required of the clerks of the circuit courts
of this state, for which he shall receive the same fees as are now or may
be provided by law for similar services in like courts of record. He
shall procure and keep a seal to be used as the seal of said court. He
shall keep an office in said town of Canton to be provided by the board
of trustees of said town, and shall put the same in charge of a deputy,
for whose acts he shall be responsible, and who shall have the same care
and management of all books and papers pertaining to said court, and
exercise the powers and perform all the duties of his office in the
absence of his principal. (L. 1897 p. 60 § 6, A. 1949 S.B. 1145)
It shall be the duty of the circuit clerk, on or before the
adjournment of any term of said court, to make and certify under the seal
of said court an abstract of any judgment or decree rendered therein, and
all liens and notices of same filed therein (within twenty-four hours
after the filing of such liens and notices) and file and record the same
in a book to be kept for that purpose in his office at the county seat of
said county, for which he shall receive a fee of one dollar, to be taxed
as costs in the case; said abstract shall contain the names of all the
parties, plaintiffs and defendants, the amount of such judgment or nature
of such decree, against whom and in favor of whom rendered, and the date
thereof. (L. 1897 p. 60 § 9)
1. In all civil actions any party interested therein may, upon
payment of the fees, have any or all of the following papers recorded in
the office of the clerk of the circuit court in the county in which such
action is brought: Petitions, summons, affidavit for publication of
notice to nonresident or unknown defendants, sheriff's, or other
officer's, return of service to summons, proof of publication of notices
to nonresident or unknown defendants, answers, motions, notices of sale
of property involved and proof of its publication, return of sale by any
sheriff, commissioner, or other officer, in case of sale of real estate,
affidavit of commissioner, notice to parties by commissioner in
partition, and any other paper or pleading tending to show the service on
the defendants for their appearance in such case.
2. The clerk of the circuit court shall charge the sum of ten cents per
one hundred words for the recording of papers as provided in this
section, which sum shall be paid into the county treasury. (RSMo 1939 §
13296, A.L. 1945 p. 662)
Prior revision: 1929 § 11677
The circuit clerk of Cape Girardeau County shall maintain and
staff offices at the courthouses in Jackson and Cape Girardeau. (L. 1978
H.B. 1634)
Effective 1-2-79
*No continuity with § 483.420 as repealed by L. 1978 H.B. 1634.
There shall be a clerk of district number 2 of the circuit court
of Marion County, who shall possess the qualifications of other clerks of
the circuit courts, who shall be elected by the qualified voters of the
townships of Mason and Miller in Marion County, at the same times, in the
same manner and for the same time as shall be provided by law for the
clerks of the circuit courts and who shall continue in office until his
successor is elected and qualified. The clerk of district number 2 of the
circuit court of Marion County shall have all of the rights, powers and
duties of circuit clerk within Mason and Miller townships in Marion
County and shall be paid as a circuit clerk except to the extent
specifically otherwise provided. All vacancies in his office shall be
supplied in the same manner as in like cases in the office of the circuit
clerk. The clerk provided by this section shall be in addition to the
circuit clerk of Marion County. The circuit clerk of Marion County shall
serve district number 1 of the circuit court of Marion County, and shall
serve as the ex officio recorder of deeds for all of Marion County. (RSMo
1939 § 2423, A. 1949 S.B. 1145, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 14551; 1919 § 13729; 1909 § 4278
Effective 1-2-79
The clerk of district number 2 of the circuit court of Marion
County shall reside in said city of Hannibal, and shall keep his office
open at all reasonable hours. (RSMo 1939 § 2424, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 14552; 1919 § 13730; 1909 § 4279
Effective 1-2-79
1. Every probate clerk, when appointed, shall take the oath
required of other clerks of courts of record.
2. Every clerk of probate, upon request, shall deliver to any person
making payment of fees an itemized account of each charge, with date the
charge was made, under appropriate headings with the number of the
section of the statute authorizing the charge. (RSMo 1939 § 2440, A.L.
1955 p. 385 § 235)
Prior revisions: 1929 § 2049; 1919 § 2545; 1909 § 4059
CROSS REFERENCE: Powers of clerk, RSMo 472.070
1. An appellant or plaintiff in error shall pay court costs in
an amount determined pursuant to sections 488.010 to 488.020, RSMo;
provided, that nothing herein shall be construed to apply to proceedings
when costs are waived or are to be paid by the state, county or
municipality.
2. The clerk of the court in which the notice of appeal is initially
filed shall collect and disburse court costs determined pursuant to this
section in the manner provided by sections 488.010 to 488.020, RSMo, and
such court costs shall be payable to the director of revenue for deposit
to the general revenue fund. (RSMo 1939 § 13406, A.L. 1972 S.B. 496, A.L.
1973 S.B. 263, A.L. 1982 S.B. 497, A.L. 1996 S.B. 869, A.L. 2001 S.B. 267)
Prior revisions: 1929 § 11784; 1919 § 10993; 1909 § 10697
The clerk of the supreme court shall keep a true and accurate
account of all fees earned in such clerk's office. (RSMo 1939 § 13275,
A.L. 1982 S.B. 497, A.L. 1996 S.B. 869)
Prior revisions: 1929 § 11656; 1919 § 2102; 1909 § 2666
Effective 7-1-97
The clerk of each of the districts of the court of appeals shall
keep a true and accurate account of all fees earned in such clerk's
office. (RSMo 1939 § 13276, A.L. 1973 S.B. 263, A.L. 1982 S.B. 497, A.L.
1996 S.B. 869)
Prior revisions: 1929 § 11657; 1919 § 2103
Effective 7-1-97
The clerk who is responsible for collecting fees pursuant to the
provisions of section 483.550 shall charge and collect the court costs in
such amounts as are determined pursuant to sections 488.010 to 488.020*,
RSMo. (L. 1978 H.B. 1634, A.L. 1982 S.B. 497, A.L. 1996 S.B. 869)
Effective 7-1-97
*Original rolls contain "section 514.015" which was changed to effectuate
the court cost bill.
The clerks of courts in this state authorized by law to grant
naturalization papers shall charge and collect court costs in such
amounts as are determined pursuant to sections 488.010 to 488.020*, RSMo.
(RSMo 1939 § 13410, A.L. 1996 S.B. 869)
Prior revisions: 1929 § 11788; 1919 § 10997; 1909 § 10700
Effective 7-1-97
*Original rolls contain "section 514.015" which was changed to effectuate
the court cost bill.
The clerk of any state court who, by deputy or otherwise, takes
or processes applications for passports or their renewal shall account
for the fees charged for such service and for the expenditure of such fee
in an annual report made to the presiding judge and the office of the
state courts administrator. Such fees shall be used only for the
maintenance of the courthouse or to fund operations of the circuit court.
(L. 2004 S.B. 1211, A.L. 2005 S.B. 210 merged with S.B. 420 & 344)
1. Each circuit clerk, or person fulfilling the duties of the
circuit clerk pursuant to this chapter, however denominated, shall
charge, collect, and be the responsible clerk for every court cost
accruing to 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 for or under a duty to collect the following court costs:
(1) Court costs in a case pending in the probate division of the circuit
court;
(2) Court costs in a case while it pends in a municipal division of the
circuit court, in municipalities electing or required to have violations
of municipal ordinances tried before a municipal judge pursuant to
section 479.020, RSMo, or to employ judicial personnel pursuant to
section 479.060, RSMo;
(3) Court costs in a case which was originally filed and pends before an
associate circuit judge; provided, however, that such exception with
respect to cases filed and pending before an associate circuit judge
shall not apply (a) in the city of St. Louis and (b) when by local
circuit court rule it is provided that cases which are to be heard by
associate circuit judges shall be centrally filed and final judgments
therein maintained in an office which is operated and staffed by the
circuit clerk and such clerk's deputies.
2. Each chief division clerk for the probate division of the circuit
court shall charge and collect every court cost accruing to the probate
division of the circuit court to which it may be entitled under the law.
3. In divisions presided over by associate circuit judges for which the
circuit clerk is not responsible for collecting court costs as
hereinabove provided, the associate circuit judge shall designate by
order entered of record a division clerk who shall be responsible for the
collection of all court costs with respect to cases in the division; or
if there be a centralized filing and docketing system for two or more
divisions presided over by an associate circuit judge, then a division
clerk or clerks shall be designated in accordance with the provisions of
local circuit court rule by an order which shall be entered of record,
and if there be no such rule adopted, then a majority of the associate
circuit judges being served shall designate a division clerk or clerks
who shall be responsible for the collection of all court costs with
respect to cases in the divisions served by the centralized filing and
docketing system.
4. Notwithstanding the provisions of subsections 1, 2 and 3 of this
section, by vote of all judges, circuit and associate circuit, of a
circuit court, en banc, the circuit court may adopt a system by local
circuit rule whereby the circuit clerks within the circuit shall have
administrative control over and be responsible for the charging and
collection of all court costs accruing to the court other than court
costs in a case while it pends in the municipal divisions of the circuit
court, in municipalities electing or required to have violations of
municipal ordinances tried before a municipal judge pursuant to section
479.020, RSMo, or to employ judicial personnel pursuant to section
479.060, RSMo. The chief division clerk for the probate divisions of the
circuit court may be designated by the local circuit rule to charge and
collect every court cost accruing to the probate divisions of the circuit
court to which it may be entitled under the law, under the supervision of
the circuit clerk.
5. The responsible clerks shall make periodic reports of delinquent court
costs which are due at such times and in such form as may be required by
the state courts administrator.
6. It shall be the duty of each prosecuting attorney when such be
referred to such prosecuting attorney by the responsible clerk to
reasonably attempt to collect such delinquent court costs. In the case of
delinquent court costs which are payable to the state, it shall be the
duty of each prosecuting attorney, and the attorney general when such be
referred to the attorney general by the state courts administrator to
reasonably 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.
1. In all probate proceedings in the probate divisions of the
different circuit courts in this state, there shall be charged against
and collected from the estates or parties requiring the services of the
probate division of the circuit court, court costs in such amounts as are
determined pursuant to sections 488.010 to 488.020*, RSMo.
2. Except as provided in section 483.550, the court costs provided in
this section shall be charged and collected by the clerk of the probate
division of the circuit court. (RSMo 1939 § 13404, A.L. 1945 p. 1516,
A.L. 1947 V. II p. 356, A.L. 1961 p. 327, A.L. 1973 S.B. 112, A.L. 1978
H.B. 1634, A.L. 1981 S.B. 22 & 119 & 23, A.L. 1982 S.B. 497, A.L. 1983
S.B. 44 & 45, A.L. 1985 S.B. 35, et al., A.L. 1996 S.B. 869)
Prior revisions: 1929 § 11782; 1919 § 10991; 1909 § 10695
Effective 7-1-97
*Original rolls contain "section 514.015" which was changed to effectuate
the court cost bill.
Notwithstanding the provisions of sections 483.530, 483.550,
483.610, 483.615, 550.030, 550.040 and 550.090, RSMo, and any other
provisions of law, if any criminal case be dismissed after August 13,
1978, no fees shall be chargeable against the counties or the city of St.
Louis upon such dismissal. (L. 1978 H.B. 1634)
On January 2, 1979, all records of the St. Louis court of
criminal correction and those records in the possession of the clerk for
criminal causes shall be transferred to the circuit clerk of the city of
St. Louis. These records shall be kept and preserved by that clerk as a
permanent part of the records of the circuit court of the city of St.
Louis. The circuit clerk is authorized to issue certified copies of any
of these records and his certificate of them shall have the same effect
as if certified by a clerk of the original court. (L. 1978 H.B. 1634)
Effective 1-2-79
On January 2, 1979, all records of the Hannibal court of common
pleas shall be transferred to the clerk of district number 2 of the
circuit court of Marion County. These records shall be kept and preserved
by that clerk as a permanent part of the records of district number 2 of
the circuit court of Marion County. The said clerk is authorized to issue
certified copies of these records and his certificate of them shall have
the same effect as if certified by a clerk of the original court. (L.
1978 H.B. 1634)
Effective 1-2-79
On January 2, 1979, all records of the Cape Girardeau court of
common pleas shall be transferred to the circuit clerk of Cape Girardeau
County. The records shall be kept and preserved by that clerk as a
permanent part of the records of the circuit court of Cape Girardeau
County. The said clerk is authorized to issue certified copies of these
records and his certificate of them shall have the same effect as if
certified by a clerk of the original court. (L. 1978 H.B. 1634)
Effective 1-2-79
*No continuity with § 483.650 as repealed by L. 1978 H.B. 1634.
All records belonging to a probate court on January 1, 1979,
shall on January 2, 1979, become records of the circuit court; provided,
however, said records shall remain under the general administrative and
supervisory control of the judge of the probate division who shall be
responsible for storing and safekeeping said records. The circuit clerk
and the division clerk of the probate division of the circuit court are
authorized to issue certified copies of such probate court records, and
all courts of this state shall recognize such certified copies as if made
by a clerk of the original court. (L. 1978 H.B. 1634)
Effective 1-2-79
All records belonging to a magistrate court on January 1, 1979,
shall on January 2, 1979, become records of the circuit court. The
circuit clerk and division clerks who have immediate control of such
records are authorized to issue certified copies of such magistrate court
records, and all courts of this state shall recognize such certified
copies as if made by a clerk of the original court. (L. 1978 H.B. 1634)
Effective 1-2-79
1. All records belonging to a municipal court on January 1,
1979, shall on January 2, 1979, become records of the circuit court in
which such municipality or major geographical area thereof shall be
located. Physical custody of such records shall not, however, be
transferred to the circuit clerk or to a division clerk of the circuit
court except as hereinafter provided, but rather physical custody of such
records shall be maintained by the municipality. Physical custody of such
records shall be transferred to the circuit court in the following
situations:
(1) When a municipality makes provision for a municipal judge of the
circuit court to serve such municipality beginning on January 2, 1979,
the records in cases which are pending on January 1, 1979, shall be
placed in the custody of the municipal clerk serving the municipal judge;
(2) When a municipality does not make provision for a municipal judge of
the circuit court to serve such municipality beginning on January 2,
1979, the records in cases which are pending on January 1, 1979, shall be
placed in the custody of the circuit clerk or the division clerk serving
the associate circuit judge to whom such cases are assigned;
(3) When the records of a case or cases are ordered transferred pursuant
to local circuit court rule.
2. If physical custody of such records which belonged to a municipal
court on January 1, 1979, is not transferred or ordered to be transferred
as provided in subdivision (1), (2) or (3) of subsection 1 of this
section by January 1, 1982, such records shall cease to be records of the
circuit court, shall be considered thereafter as records of the
particular municipality, and may or may not be disposed of as determined
by the municipality.
3. If physical custody of such records is transferred as provided in
subdivision (1), (2) or (3) of subsection 1 of this section, the clerk
having custody of such records is authorized to issue certified copies of
such municipal court records as well as copies of later municipal
ordinance violation cases in his possession, and all courts of this state
shall recognize such certified copies as if made by a clerk of the
original court. (L. 1978 H.B. 1634)
Effective 1-2-79
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