reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 482 - Small Claims Courts › Section 482.345 - Court costs — procedure for assessment of costs, award of fees and disbursement of fees.

Title XXXII COURTS
Chapter 482
• Effective - 01 Jul 1997, see footnote
482.345. Court costs — procedure for assessment of costs, award of fees and disbursement of fees. —
1. A person filing an action in small claims court shall pay court costs and a deposit as security for costs in amounts determined pursuant to sections 488.010 to 488.020
*
.
2. A person filing an action in small claims court shall pay the cost of service and other process in advance.
3. The court may in its discretion award the fees and assess the costs provided in this section.
4. All court costs shall be disbursed in accordance with sections 488.010 to 488.020
*
.
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(L. 1976 H.B. 1317 & 1098 § 4 subsec. 9, A.L. 1985 S.B. 5, et al., A.L. 1996 S.B. 869)
Effective 7-01-97
*Words "section 514.015" appear in original rolls, which was changed to effectuate the court cost bill.
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 482 - Small Claims Courts › Section 482.350 - Personal service not required — exceptions — procedure for service — proof of service, what constitutes — record of service.

Title XXXII COURTS
Chapter 482
• Effective - 28 Aug 1985
482.350. Personal service not required — exceptions — procedure for service — proof of service, what constitutes — record of service. —
Personal service is not required for the service of any summons issuing out of a small claims court, unless specifically requested by the plaintiff. The service may be made by mailing a copy of the summons and the complaint to the defendant at his last known address by certified mail, return receipt requested, delivery restricted to the addressee. The envelope and the return receipt shall be stamped with the docket number of the case. The receipt for certified mail shall state the name and address of the addressee and the date of mailing and shall be attached to the original summons. The return receipt, when signed by the addressee and when returned to the clerk, shall be attached to the original summons, and, if it shows delivery at least ten days before the day for appearance, shall constitute proof of service. The clerk shall note the fact of service in a permanent record.
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(L. 1976 H.B. 1317 & 1098 § 4 subsec. 10, A.L. 1985 S.B. 5, et al.)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 482 - Small Claims Courts › Section 482.355 - Appearance for trial — continuance, when granted — failure of defendant to appear, consequences — procedure — dismissal of action, when.

Title XXXII COURTS
Chapter 482
• Effective - 28 Aug 1985
482.355. Appearance for trial — continuance, when granted — failure of defendant to appear, consequences — procedure — dismissal of action, when. —
1. The defendant in a small claims action shall appear at the time and place specified in the summons and the case shall be tried on the day set for appearance unless continued by the court upon request of either party. No party shall be entitled to a continuance, except on a showing of good cause and at the discretion of the small claims court judge. If the defendant appears, he need not file an answer, and, when no answer is filed the allegations of the complaint shall be considered denied and any defense may be proved as if it were specifically pleaded.
2. If, upon the date set for the hearing of a small claims action, the defendant, having been duly served, fails to appear at the time and place specified in the summons or specified by the court in response to a request for a continuance, the court, after presentation of evidence by the plaintiff to establish a prima facie case, may enter judgment for the amount claimed. If the plaintiff does not appear, or if neither the plaintiff nor defendant appears, the court may enter an order dismissing the action. Any action so dismissed may not be brought in small claims court again, but may be brought in an appropriate division of the circuit court using regular proceedings.
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(L. 1976 H.B. 1317 & 1098 § 4 subsec. 11, A.L. 1978 H.B. 1634, A.L. 1985 S.B. 5, et al.)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 482 - Small Claims Courts › Section 482.360 - Barring person from small claims court, grounds, length of bar.

Title XXXII COURTS
Chapter 482
• Effective - 28 Aug 1976
482.360. Barring person from small claims court, grounds, length of bar. —
If the court finds that the small claims proceedings are being used by a plaintiff or defendant for the purpose of oppression or harassment, it may issue an order denying the plaintiff or defendant use of small claims proceedings for up to one year.
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(L. 1976 H.B. 1317 & 1098 § 4 subsec. 12)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 482 - Small Claims Courts › Section 482.365 - Small claim judgment not lien on real estate — trial de novo, how perfected — duty of clerk — recognizance required, when — procedure.

Title XXXII COURTS
Chapter 482
• Effective - 28 Aug 1993
482.365. Small claim judgment not lien on real estate — trial de novo, how perfected — duty of clerk — recognizance required, when — procedure. —
1. No judgment of a small claims court shall be a lien on real estate.
2. Any party aggrieved by any final judgment rendered by a small claims court in a small claims proceeding, except a judgment by consent, may have a trial de novo. The right to trial de novo shall be perfected by filing an application for trial de novo with the clerk of the small claims court within ten days after the judgment is rendered. A copy of same shall be mailed by the clerk to the opposing party or his attorney of record or served upon him as provided by law for the service of notices within fifteen days after the judgment was rendered, but no application for a trial de novo shall stay execution unless and until the applicant, or some person for him, together with one or more solvent sureties to be approved by the small claims court judge, within the time prescribed for filing the application for trial de novo, enter into a recognizance before the small claims court judge, to the adverse party, in a sum sufficient to secure the payment of such judgment and costs, conditioned that the applicant will prosecute his application for trial de novo with due diligence to a decision, and that if on such trial de novo judgment is given against him, he will pay such judgment, and that, if his application for trial de novo is dismissed, he will pay the judgment rendered by the small claims court judge, together with the costs. The trial de novo shall be governed by the practice in trials before circuit judges, except that by agreement of the parties the case may be tried by a jury of not less than six persons. On an application for a trial de novo from a judgment of a small claims court, if the defendant is the applicant, the plaintiff shall not be required to give security for costs. Costs shall be assessed as in other cases heard in circuit court. Notwithstanding any other provisions of law to the contrary, if the defendant applies for a trial de novo pursuant to this section, the plaintiff shall be allowed to amend the petition to state a claim which is within the jurisdictional limit of the circuit court.
3. The division or deputy clerks serving a small claims court judge shall assist judgment creditors in actions authorized in sections 482.300 to 482.365 in the preparation of forms, available from the clerk, necessary to obtain satisfaction of a final judgment where no application for trial de novo is pending.
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(L. 1976 H.B. 1317 & 1098 § 4 subsec. 13, A.L. 1978 H.B. 1634, A.L. 1985 S.B. 5, et al., A.L. 1993 S.B. 88)
(2013) Filing an application for trial de novo in small claims court constitutes the practice of law, requiring an attorney. Palmore v. City of Pacific, 393 S.W.3d 657 (Mo.App.S.D.).
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.010 - Qualifications of a clerk.

Title XXXII COURTS
Chapter 483
Effective - 02 Jan 1979, see footnote
483.010. Qualifications of a clerk. —
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.
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(RSMo 1939 § 13269, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 11650; 1919 § 2096; 1909 § 2661
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.020 - Vacancy, how filled.

Title XXXII COURTS
Chapter 483
Effective - 02 Jan 1979, see footnote
483.020. Vacancy, how filled. —
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.
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(RSMo 1939 § 13284, A. 1949 S.B. 1145, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 11665; 1919 § 2111; 1909 § 2674
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.050 - If surety of clerk is insufficient, new bond required.

Title XXXII COURTS
Chapter 483
Effective - 02 Jan 1979, see footnote
483.050. If surety of clerk is insufficient, new bond required. —
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.
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(RSMo 1939 § 13289, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 11670; 1919 § 2116; 1909 § 2679
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.055 - Office supplies — duties relating to.

Title XXXII COURTS
Chapter 483
Effective - 28 Aug 1939
483.055. Office supplies — duties relating to. —
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.
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(RSMo 1939 § 13291)
Prior revisions: 1929 § 11672; 1919 § 2118; 1909 § 2681
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.060 - Allowances, how paid.

Title XXXII COURTS
Chapter 483
Effective - 02 Jan 1979, see footnote
483.060. Allowances, how paid. —
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 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.065 - Office and records, where kept.

Title XXXII COURTS
Chapter 483
Effective - 02 Jan 1979, see footnote
483.065. Office and records, where kept. —
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 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.070 - May remove records, when.

Title XXXII COURTS
Chapter 483
Effective - 28 Aug 1939
483.070. May remove records, when. —
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
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.075 - Duties of clerk — when county clerk replaces circuit clerk, exception.

Title XXXII COURTS
Chapter 483
Effective - 28 Aug 2018, 2 histories
483.075. Duties of clerk — when county clerk replaces circuit clerk, exception. —
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. This subsection shall not apply where the clerk of the circuit court is named as a party under sections 610.130 to 610.145 or other sections relating to the expungement of criminal records.
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(RSMo 1939 § 13295, A.L. 1978 H.B. 1634, A.L. 2018 S.B. 871)
Prior revisions: 1929 § 11676; 1919 § 2122; 1909 § 2685
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.080 - Deputies, their duties.

Title XXXII COURTS
Chapter 483
Effective - 02 Jan 1979, see footnote
483.080. Deputies, their duties. —
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.
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(RSMo 1939 § 13299, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 11680; 1919 § 2124; 1909 § 2687
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.082 - Court records, how kept.

Title XXXII COURTS
Chapter 483
Effective - 02 Jan 1979, see footnote
483.082. Court records, how kept. —
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.
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(L. 1973 S.B. 71, A.L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.086 - Clerk to serve as secretary to court en banc (St. Louis City).

Title XXXII COURTS
Chapter 483
Effective - 28 Aug 1987
483.086. Clerk to serve as secretary to court en banc (St. Louis City). —
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.
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(L. 1987 S.B. 65, et al. § 8)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.088 - Circuit clerks to report to state auditor annually all fees collected.

Title XXXII COURTS
Chapter 483
Effective - 30 Jun 1989, see footnote
483.088. Circuit clerks to report to state auditor annually all fees collected. —
Each circuit clerk shall prepare a summary of all amounts collected pursuant to section 57.955 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.
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(L. 1984 S.B. 581 § 1, A.L. 1989 S.B. 315)
Effective 6-30-89
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.130 - Courts to direct filing of papers.

Title XXXII COURTS
Chapter 483
Effective - 02 Jan 1979, see footnote
483.130. Courts to direct filing of papers. —
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.
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(RSMo 1939 § 2003, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1839; 1919 § 2336, 1909 § 3858
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.135 - Clerk to bunch, label, and index papers.

Title XXXII COURTS
Chapter 483
Effective - 28 Aug 1945
483.135. Clerk to bunch, label, and index papers. —
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.
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(RSMo 1939 § 13298, A.L. 1945 p. 662 § 13297)
Prior revisions: 1929 § 11679; 1919 § 2123; 1909 § 2686
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.140 - Judge to superintend keeping of records.

There are multiple enactments of 483.140
Title XXXII COURTS
Chapter 483
Effective - 28 Aug 2014, 2 histories
*483.140. Judge to superintend keeping of records. —
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. The provisions of this section shall not be construed to permit the adoption of any local court rule that grants a judge the discretion to remove or direct the removal of any pleading, file, or communication from a court file or record without the agreement of all parties.
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(RSMo 1939 § 2004, A.L. 1978 H.B. 1634, A.L. 2014 H.B. 1231)
Prior revisions: 1929 § 1840; 1919 § 2337; 1909 § 3859
*This section was amended by H.B. 1231 and H.B. 1665 & 1335, 2014. Due to possible conflict, two versions of this section are printed.
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.140 - Judge to superintend keeping of records.

There are multiple enactments of 483.140
Title XXXII COURTS
Chapter 483
Effective - 28 Aug 2014, 2 histories
*483.140. Judge to superintend keeping of records. —
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. The provisions of this section shall not be construed to permit the adoption of any local court rule that grants a judge the discretion to remove or direct the removal of any pleading, file, or communication from a court file or record without notification to the parties and providing the parties an opportunity to respond.
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(RSMo 1939 § 2004, A.L. 1978 H.B. 1634, A.L. 2014 H.B. 1665 & 1335)
Prior revisions: 1929 § 1840; 1919 § 2337; 1909 § 3859
*This section was amended by H.B. 1231 and H.B. 1665 & 1335, 2014. Due to possible conflict, two versions of this section are printed.
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.145 - Court to reconstruct records, when.

Title XXXII COURTS
Chapter 483
Effective - 02 Jan 1979, see footnote
483.145. Court to reconstruct records, when. —
In the event that a case file or record is lost or destroyed, it may be reconstructed under the supervision of the court.
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(RSMo 1939 § 2006, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1842; 1919 § 2339; 1909 § 3861
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.150 - Clerks to keep account of fines.

Title XXXII COURTS
Chapter 483
Effective - 28 Aug 1939
483.150. Clerks to keep account of fines. —
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.
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(RSMo 1939 § 11222)
Prior revisions: 1929 § 9991; 1919 § 12981; 1909 § 11533
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.160 - Clerks of courts to deliver reports to successors.

Title XXXII COURTS
Chapter 483
Effective - 02 Jan 1979, see footnote
483.160. Clerks of courts to deliver reports to successors. —
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.
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(RSMo 1939 § 2098, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1936; 1919 § 2434; 1909 § 3954
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.163 - Circuit clerk to cooperate in nonsupport investigations; additional compensation, exception.

Title XXXII COURTS
Chapter 483
• Effective - 28 Aug 2014
483.163. Circuit clerk to cooperate in nonsupport investigations; additional compensation, exception. —
1. Each circuit clerk, except the circuit clerk in any city not within a county, shall cooperate with the prosecuting attorney and family support division in the investigation and documentation of possible criminal nonsupport pursuant to section 568.040.
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.
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(L. 1996 S.B. 719, A.L. 1999 S.B. 291, A.L. 2014 H.B. 1299 Revision)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.165 - Nonfeasance or misfeasance, misdemeanor.

Title XXXII COURTS
Chapter 483
Effective - 28 Aug 1939
483.165. Nonfeasance or misfeasance, misdemeanor. —
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.
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(RSMo 1939 § 13300)
Prior revisions: 1929 § 11681; 1919 § 2125; 1909 § 2688
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.170 - Duty of court when clerk is charged with misdemeanor in office — notice — temporary clerk during suspension.

Title XXXII COURTS
Chapter 483
Effective - 02 Jan 1979, see footnote
483.170. Duty of court when clerk is charged with misdemeanor in office — notice — temporary clerk during suspension. —
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.
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(RSMo 1939 § 13301, A.L. 1945 p. 663, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 11682; 1919 § 2126; 1909 § 2689
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.175 - Duty of attorney general or prosecuting attorney — notice.

Title XXXII COURTS
Chapter 483
Effective - 28 Aug 1939
483.175. Duty of attorney general or prosecuting attorney — notice. —
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.
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(RSMo 1939 § 13302)
Prior revisions: 1929 § 11683; 1919 § 2127; 1909 § 2690
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.180 - Notice and copy of charges to be delivered — witnesses summoned.

Title XXXII COURTS
Chapter 483
Effective - 02 Jan 1979, see footnote
483.180. Notice and copy of charges to be delivered — witnesses summoned. —
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.
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(RSMo 1939 § 13303, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 11684; 1919 § 2128; 1909 § 2691
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.190 - Trial by the court or a jury.

Title XXXII COURTS
Chapter 483
Effective - 28 Aug 1939
483.190. Trial by the court or a jury. —
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.
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(RSMo 1939 § 13305)
Prior revisions: 1929 § 11686; 1919 § 2130; 1909 § 2693
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.195 - Clerk found guilty, removed and fined.

Title XXXII COURTS
Chapter 483
Effective - 02 Jan 1979, see footnote
483.195. Clerk found guilty, removed and fined. —
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.
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(RSMo 1939 § 13306, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 11687; 1919 § 2131; 1909 § 2694
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.200 - If clerk acquitted, reinstatement — costs.

Title XXXII COURTS
Chapter 483
Effective - 02 Jan 1979, see footnote
483.200. If clerk acquitted, reinstatement — costs. —
If any such clerk shall be acquitted, he shall be reinstated in his office, and the state shall pay the cost.
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(RSMo 1939 § 13307, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 11688; 1919 § 2132; 1909 § 2695
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.205 - Additional proceedings by indictment.

Title XXXII COURTS
Chapter 483
Effective - 28 Aug 1939
483.205. Additional proceedings by indictment. —
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.
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(RSMo 1939 § 13308)
Prior revisions: 1929 § 11689; 1919 § 2133; 1909 § 2696
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.210 - Clerk's successor to receive all records of office.

Title XXXII COURTS
Chapter 483
Effective - 28 Aug 1939
483.210. Clerk's successor to receive all records of office. —
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.
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(RSMo 1939 § 13309)
Prior revisions: 1929 § 11690; 1919 § 2134; 1909 § 2697
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.225 - Office, where kept.

Title XXXII COURTS
Chapter 483
Effective - 02 Jan 1979, see footnote
483.225. Office, where kept. —
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 may keep their offices in the supreme court building.
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(RSMo 1939 § 13272, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 11653; 1919 § 2099; 1909 § 2664
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.235 - Liable on bond for acts of his deputies.

Title XXXII COURTS
Chapter 483
Effective - 02 Jan 1979, see footnote
483.235. Liable on bond for acts of his deputies. —
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.
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(RSMo 1939 § 13280, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 11661; 1919 § 2107; 1909 § 2670
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.240 - Circuit clerks, duties and responsibilities — exceptions.

Title XXXII COURTS
Chapter 483
Effective - 02 Jan 1979, 3 histories, see footnote
483.240. Circuit clerks, duties and responsibilities — exceptions. —
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.
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(L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.241 - Other clerks, duties.

Title XXXII COURTS
Chapter 483
• Effective - 02 Jan 1979, see footnote
483.241. Other clerks, duties. —
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.
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(L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.246 - Municipal clerks, selection, tenure, compensation — limitation on compensation.

Title XXXII COURTS
Chapter 483
Effective - 02 Jan 1979, see footnote
483.246. Municipal clerks, selection, tenure, compensation — limitation on compensation. —
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.
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(L. 1978 H.B. 1634)
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.260 - Clerk to employ attorney (St. Louis City).

Title XXXII COURTS
Chapter 483
Effective - 28 Aug 1987
483.260. Clerk to employ attorney (St. Louis City). —
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.
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(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.).
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.270 - Certain abstract of judgments to be continued (St. Louis City).

Title XXXII COURTS
Chapter 483
Effective - 28 Aug 1949
483.270. Certain abstract of judgments to be continued (St. Louis City). —
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.
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(RSMo 1939 § 2227, A. 1949 S.B. 1145)
Prior revisions: 1929 § 2125; 1919 § 2628; 1909 § 4161
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.312 - Security required for deposit of funds in circuit court registry.

Title XXXII COURTS
Chapter 483
• Effective - 01 Jul 1997, see footnote
483.312. Security required for deposit of funds in circuit court registry. —
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 for the security of funds deposited by the state treasurer under the provisions of section 30.240.
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. 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.
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(L. 1957 p. 362 § 1, A.L. 1959 S.B. 28, A.L. 1978 H.B. 1634, A.L. 1996 S.B. 869)
Effective 7-01-97
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.355 - Circuit clerk of Lewis County — duties.

Title XXXII COURTS
Chapter 483
Effective - 28 Aug 1949
483.355. Circuit clerk of Lewis County — duties. —
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.
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(L. 1897 p. 60 § 6, A. 1949 S.B. 1145)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.360 - Clerk to file judgments at Lewis County seat.

Title XXXII COURTS
Chapter 483
Effective - 28 Aug 1897
483.360. Clerk to file judgments at Lewis County seat. —
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.
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(L. 1897 p. 60 § 9)
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.390 - Papers may be recorded in office of clerk of circuit court — fee charged.

Title XXXII COURTS
Chapter 483
Effective - 28 Aug 1945
483.390. Papers may be recorded in office of clerk of circuit court — fee charged. —
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.
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(RSMo 1939 § 13296, A.L. 1945 p. 662)
Prior revision: 1929 § 11677
2023 Missouri Revised Statutes › Title XXXII - Courts › Chapter 483 - Clerks of Courts of Record and Court Records › Section 483.420 - Circuit clerk, office (Cape Girardeau County).

Title XXXII COURTS
Chapter 483
Effective - 28 Aug 2011, 2 histories
483.420. Circuit clerk, office (Cape Girardeau County). —
The circuit clerk of Cape Girardeau County may maintain and staff offices at the courthouses in Jackson and Cape Girardeau.
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(L. 1978 H.B. 1634, A.L. 2011 H.B. 340)