The commissioners and surveyors shall receive compensation as fixed by the court, which sums shall be taxed as costs.
Rule 96.13.Compensation of Commissioners and Surveyors.
Part III · Rule 96: Partition of Real and Personal Property · Last amended January 1, 1981 · Last verified July 22, 2026
In one sentenceRule 96.13 provides that commissioners and any surveyors they employ receive compensation fixed by the court, and that those sums are taxed as costs in the case.
Full Text of Rule 96.13
Amendment History
Adopted June 5, 1980, eff. Jan. 1, 1981.
Official Comment
This is substantially the same as prior Rule 96.22.
Plain-English Summary
Rule 96.13 answers a practical question left open by the appointment of commissioners under Rule 96.12: who pays them, and how much? The rule keeps the answer simple. The court sets the compensation for the commissioners, and for any surveyors the commissioners employ, and those amounts get taxed as costs in the case.
Because the court fixes the amount instead of leaving it to negotiation between the commissioners and the parties, the rule avoids disputes over fees becoming a separate source of conflict in an already complicated proceeding. The court, having overseen the appointment and understanding the scope of the work involved, is positioned to set a reasonable figure.
Taxing these amounts as costs ties this rule to the broader cost-allocation scheme running through Rule 96, including Rule 96.30, which addresses attorney fees and other costs and expenses in the case. Compensation for commissioners and surveyors becomes part of the overall expense of the partition action, ultimately factored into how the proceeds or the parties' obligations get sorted out.
Frequently Asked Questions
Who sets the pay for commissioners and surveyors in a partition case?
The court fixes their compensation.
How is that compensation collected?
The sums are taxed as costs in the case, instead of billed directly to any single party.
Does this rule cover surveyors the commissioners hire?
Yes, it covers both the commissioners and any surveyors employed under the authority granted in Rule 96.12.
How does this connect to the overall costs of a partition case?
It works alongside Rule 96.30, which allows the court to allow attorney fees and other costs and expenses, all taxed as costs in the proceeding.
Can the commissioners negotiate their own fee with the parties?
No, the rule places that decision with the court instead of leaving it to negotiation.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
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