Avon Lake Municipal Court, Ohio Filing Fees and Waivers

CRITICAL

Applies to

Satisfaction of judgment

A satisfaction of judgment may not be entered until all court costs are paid.

(A) A Satisfaction of Judgment shall not be entered unless all court costs have been paid.

CRITICAL

Applies to

Complaint

A plaintiff beginning a small claims action by complaint must pay the required costs.

(A) The plaintiff may begin a small claims action by filing a complaint and paying the required costs. The complaint should be written in plain, concise language. All pleadings will be construed to accomplish substantial justice.

CRITICAL

Applies to

Facsimile filing

A party filing by fax is responsible for the transmission cost and all court costs associated with the filing.

A party filing a pleading, motion, or other document by facsimile transmission shall be responsible for the cost of transmission. Further, the party is responsible for payment of all court costs associated with the filing of the document.

CRITICAL

Applies to

Facsimile filing

A document will be stricken from the file if the costs are not paid on time.

Failure to timely pay the costs will result in the document being stricken from the file.

CRITICAL

Applies to

Small claims petition

A Small Claims Petition mailed to the court must include the appropriate filing fee.

(B) Anyone can physically file a Small Claims Petition that has been properly signed by an officer or owner (or a properly completed Small Claims Petition can be mailed with the appropriate filing fee).

CRITICAL

Applies to

Garnishment affidavit

The garnishee fee must accompany the garnishment affidavit.

(B) Sufficient copies of the affidavit shall be filed for service upon the garnishee and such parties as are required to be served, and the garnishee fee shall accompany the affidavit.

CRITICAL

Applies to

Appeal or petition

The person filing an appeal or petition must pay the established court cost when filing it.

the person filing the request shall pay the established court cost for filing the same at the time of filing the Appeal or Petition.

CRITICAL

Applies to

Subpoena

The filing fee and witness fees for subpoenas must be paid at the time the subpoena is filed.

All subpoenas must be filed seven days prior to the scheduled trial date with the filing fee and witness fees paid at the time of filing.

CRITICAL

Applies to

Order

Applicable fees must accompany an order filed in a proceeding in aid of execution.

(B) Sufficient copies of the order shall be filed for service upon such parties as are required to be served, and the applicable fees shall accompany the order.

CRITICAL

Applies to

Jury trial deposit

A party demanding a jury trial must make the advance deposit within 60 days after filing the pleading containing the demand; otherwise, the jury demand is waived and the case proceeds as a bench trial.

(D) When a jury trial is demanded, the party requesting the same shall make an advance deposit within 60 days after the filing of the pleading that contains the jury demand. If the deposit is not timely made, the jury demand will be waived and the case will proceed as a trial before the court.

CRITICAL

Applies to

Action or proceeding

The filing fee must be deposited before an action or proceeding is accepted, but the court may waive the deposit for a public entity, which must promptly pay any costs assessed at the case’s conclusion.

(A) Except as hereinafter provided no action or proceeding shall be accepted for filing by the Clerk of Court unless there is first deposited the filing fee set forth in the schedule of costs established from time to time by the court. The court in its discretion may waive the deposit otherwise required for filings made by a public entity, provided that in the event costs are assessed against the entity upon conclusion of the case that the entity shall promptly pay any costs so assessed.

CRITICAL

Applies to

Jury trial

Trials are set before the court unless a party files a timely jury demand and makes the required advance deposit, or is otherwise entitled to a jury by law.

(A) All trials shall be set before the court unless a party to the action files a timely jury demand and makes the required advance deposit as required by Local Rule 23(D) or is otherwise entitled to a jury pursuant to law.

WARNING

Applies to

New action or proceeding

If a costs judgment appears unsatisfied, the clerk may refuse a new filing by or for that party unless the unpaid costs are first paid or the court orders otherwise.

(C) When a judgment for costs against a party appears unsatisfied, the clerk may refuse to accept for filing any new action or proceeding instituted by or on behalf of such party, unless otherwise ordered by the court, without such party first making payment to the clerk of such unpaid costs.