Dayton Municipal Court, Ohio Filing Fees and Waivers

CRITICAL

Fee

40

Applies to

Photo enforcement citation

If found liable, $40 in court fees is added to the penalty.

Please note that if found liable, there will be $40.00 in court fees added to the penalty amount.

CRITICAL

Fee

25

Applies to

Photo enforcement citation

A $25 late fee is added if a photo enforcement citation is not paid by its listed due date.

If the citation is not paid by the due date listed on your citation, a $25.00 late fee will be added to the balance.

CRITICAL

Applies to

Civil case costs

Civil case costs are payable upon filing according to the fee schedule unless the court orders otherwise.

Unless otherwise ordered by the court, costs in civil cases shall be assessed and payable upon filing according to the Schedule of Fees and Costs located in Appendix A at the end of the Dayton Municipal Court Rules of Practice.

CRITICAL

Fee

350

Applies to

Answer to medical dental optometric or chiropractic malpractice claim

A defendant must pay a $350 deposit to the Clerk of Court when filing an answer to a medical, dental, optometric, or chiropractic malpractice claim.

Defendant(s) shall pay a deposit of three hundred fifty dollars ($350) to the Clerk of Court upon filing an answer to a medical, dental, optometric, and/or chiropractic malpractice claim.

CRITICAL

Fee

$26

Applies to

Filing of action or proceeding

As of February 1, 2018, a $26.00 special projects fee is charged in addition to other court costs when each action or proceeding is filed.

B. As of February 1, 2018, the Court shall charge a court special projects fee of $26.00 in addition to all other court costs, pursuant to R.C. 1901.26(B), on the filing of each action or proceeding for criminal, civil, traffic, judgment by confession and other causes.

CRITICAL

Applies to

New civil suit

A summons in a new civil suit will not issue until the filing fee is received.

A summons will not be issued until the receipt of the filing fee.

CRITICAL

Fee

350

Applies to

Medical dental optometric or chiropractic malpractice claim

A plaintiff must pay a $350 deposit to the Clerk of Court when filing a medical, dental, optometric, or chiropractic malpractice claim.

Plaintiff(s) shall pay a deposit of three hundred fifty dollars ($350) to the Clerk of Court upon filing of a medical, dental, optometric, and/or chiropractic malpractice claim.

CRITICAL

The Clerk of Court will not accept fax filings that require a filing fee or documents tendered that require payment of court costs.

No document filed by facsimile that requires a filing fee shall be accepted by the Clerk of Court for filing. Documents tendered to the Clerk of Court which require payment of court costs will not be filed.

CRITICAL

Applies to

Writ of restitution

A plaintiff initiating a Writ of Restitution must post the required fee with the Clerk of Court.

If the defendant (tenant) fails to vacate or remove personal property from the premises after restitution is granted by the Court, the plaintiff/owner may initiate a Writ of Restitution within 30 days from the date of the Entry of Restitution, by posting the required fee for the Writ with the Clerk of Court.

CRITICAL

Applies to

Notice of appeal

The notice of appeal is sent to the Second District Court of Appeals once the filing fee is received.

The Notice of Appeal will be sent to the Second District Court of Appeals upon receipt of the filing fee.

CRITICAL

Fee

16 $

Applies to

Writ of execution

A deposit of at least $16 must be paid when requesting a writ of execution to transfer title to an abandoned manufactured or mobile home or RV.

At the time of requesting a Writ of Execution to transfer the title to an abandoned manufactured or mobile home or RV, a deposit of not less than sixteen dollars ($16) shall be paid.

CRITICAL

Special projects fees must be paid to the City of Dayton Treasurer for deposit into the Court's General Special Projects Fund.

C. All special projects fees shall be paid to the City of Dayton Treasurer for deposit into the Dayton Municipal Court General Special Projects Fund.

CRITICAL

Fee

$10

Applies to

Eviction and small claims case

A $10 mediation service fee is charged when each eviction or small claims case is filed, in addition to other court costs.

Starting November, 1, 2011, the Court shall charge a mediation service fee of $10.00 on the filing of each eviction and small claims case, in addition to other court costs, pursuant to R.C. 1901.26(B).

CRITICAL

Fee

25

Applies to

Photo enforcement citation

Photo enforcement citations are due within 30 days of issue, and a $25 late fee is added if payment is not made by the listed due date.

Citations must be paid within 30 days of the issue date. The payment due date is listed on your citation. If the citation is not paid by the due date listed, a $25.00 late fee will be added to the balance.

CRITICAL

Applies to

Ticket

Mail ticket payment with the ticket and an accepted check or money order to the Clerk of Court, mailing it at least four days before the court date to avoid a warrant.

PAYING BY MAIL — Payments can be sent by mail by enclosing the ticket with either a certified check, money order, or personal check (no starter checks) for the amount of the fine into an envelope addressed to: Dayton Clerk of Court, P.O. Box 10700, Dayton, Ohio 45402. Make sure payments are mailed at least 4 days prior to the court date on the ticket to avoid a warrant.

CRITICAL

Applies to

Small claims transfer

After a motion to transfer a small claims case to the civil docket is granted, the requesting party must pay the appropriate fee to the Clerk or the case remains on the small claims docket.

Where a motion has been granted to transfer a small claims case to the civil docket, the party seeking the transfer shall pay the appropriate fee to the Clerk. Failure to pay the fee will result in the case being retained in the small claims docket.

CRITICAL

Fee

350

When there are multiple plaintiffs or defendants, each must deposit $350.

If there are multiple plaintiffs or defendants, each shall be required to deposit the sum of three hundred fifty dollars ($350).

CRITICAL

Applies to

Documents requiring filing fee

Documents requiring a fee are accepted, time-stamped, and docketed but are not processed until the Clerk receives payment, which may be made by mail or in person within two business days of electronic submission.

Documents that require a filing fee will be accepted, time-stamped, and entered on the docket. However, the documents will not be processed until the filing fee is received by the Clerk’s Office. Payment of filings fees can be made by mail or in-person at the Clerk’s Office. Payment shall be made to the Clerk within two (2) business days of the submission of an electronic filing.

CRITICAL

Fee

50

Applies to

Application for sealing or expungement of criminal conviction records

A $50 local court cost is due when an application to seal or expunge criminal conviction records is filed.

A $50 local court cost, in addition to the $50 filing fee required by R.C. 2953.32, shall be paid upon the filing of an Application for Sealing or an Application for Expungement of Criminal conviction records.

CRITICAL

Fee

800

Applies to

Civil jury demand

A party demanding a civil jury must deposit $800 with the Clerk unless an approved poverty affidavit is filed instead.

At the time of filing the civil jury demand, the party making the demand shall deposit the sum of eight hundred dollars ($800) with the Clerk unless a poverty affidavit approved by the court is filed in lieu of the monetary deposit.

CRITICAL

A party may waive arbitration at any time, but a party who waives less than two weeks before the hearing must be assessed an arbitration fee for one full day.

The parties may at any time waive their rights to arbitration; provided that, any party who waives this right less than two weeks before an arbitration hearing shall be assessed an arbitration fee for one full day in accordance with paragraph (P) of this rule.

CRITICAL

Applies to

Jury trial

The advance jury deposit must be paid to avoid waiver of a jury trial.

Trial by jury shall be waived unless on or before the date set for hearing, a written jury demand is filed and the advance jury deposit is paid.

CRITICAL

Fee

75

Applies to

Motion for writ of execution

The fee for a motion for writ of execution is $75.

1. Motion for Writ of Execution Fee. The fee for the Motion is $75

CRITICAL

Fee

800 $

Applies to

Writ of execution

A writ of execution for the sale of a vehicle, abandoned manufactured or mobile home, recreational vehicle, or other personal property requires a deposit of at least $800, which may increase to cover actual expenses.

If A Writ of Execution is requested in connection with the sale of a vehicle, abandoned manufactured/mobile home or recreational vehicle, or other personal property, the amount of the deposit shall not be less than eight hundred dollars ($800). The $800 deposit may not cover all the actual expenditures incurred; therefore, the actual amount paid may increase depending on the actual cost of appraisal, advertising, and other services associated with the execution.

WARNING

Credit cards are not accepted at the Clerk’s Office in the Montgomery County Jail lobby.

Credit cards cannot be accepted at the Clerk’s Office located in the lobby of the Montgomery County Jail.

WARNING

Applies to

Written transcript

The transcript cost must be obtained from the employee who prepares it, who may require a deposit of up to 50% of the estimated actual cost and must provide the estimate in writing.

The cost for a written transcript of a Court proceeding must be obtained from the Court employee who prepares the transcript. The employee preparing the transcript may require a deposit of not more than 50% of the estimated actual cost. The written estimated actual cost will be provided to the person paying the deposit for the transcript.

WARNING

Applies to

Copy request

A fax filer does not receive a time-stamped copy automatically but may request a copy after filing by mail and must include the appropriate copy fee.

3. The filer will not receive a time-stamped copy of any pleading filed by facsimile. The filer may request a copy of the pleading, after it is filed, by mailing the request and the appropriate fee for the copy.

WARNING

Applies to

Extra copies of pleadings or other papers

The Clerk will furnish extra copies of pleadings or other papers upon request and payment of a reasonable fee.

The Clerk shall, upon request, furnish extra copies of pleadings or other papers upon the payment of a reasonable fee.

WARNING

Applies to

Direct access to court record

A court or clerk may charge actual costs for responding to a direct-access request, require a deposit of estimated costs, and provide the estimate in writing.

A court or clerk of court may charge its actual costs incurred in responding to a request for direct access to a court record. The court or clerk may require a deposit of the estimated actual costs. The written estimated actual costs will be provided to the person paying the deposit.

WARNING

Starter checks are not accepted, and personal checks cannot be used for Rent Escrow rent payments or Traffic School Program fees.

No starter checks will be accepted. Personal checks are not accepted for rent payments on Rent Escrow cases. Personal checks are not accepted for Traffic School Program Fees.

WARNING

Applies to

Schedule of costs copy

Copies of the Schedule of Costs may be obtained upon request and payment of a reasonable fee.

Copies of the Schedule of Costs may be made available upon request and payment of a reasonable fee.

WARNING

Applies to

Ticket

In-person ticket payments are accepted at specified counters and locations, with cash and listed checks or money orders accepted at either location and Visa or Mastercard accepted only at the Courts Building.

PAYING IN PERSON — To pay between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday report to the Dayton Montgomery County Courts Building at 301 W. Third St., Dayton, Ohio 45402. Payments can be made in the lobby at either the Criminal Division or Traffic Division counters. After hours payments and weekend and holiday payments are accepted at the Clerk's Office in the lobby of the Montgomery County Jail at 330 W. Second St., Dayton, Ohio 45402. Cash, money orders, certified checks, traveler's checks and personal checks (no starter checks) are acceptable methods of payment at either location. MasterCard and Visa are accepted only at the Courts Building.

WARNING

Fee

350

No deposit is required if the Court accepts a filed poverty affidavit.

If a poverty affidavit is filed and accepted by the Court, no deposit will be required.

WARNING

The Court accepts cash (with no more than $1.00 in coins), money orders, certified and traveler’s checks, personal checks, MasterCard, and Visa.

The following forms of payment will be accepted: • Cash (no more than $1.00 in coins) • Money Order • Certified check • Traveler’s check • Personal checks • MasterCard and Visa

WARNING

Credit card payments are subject to a convenience fee.

Credit cards are subject to a convenience fee.

INFO

If the case proceeds to arbitration, each party's deposit is applied to that party's share of the arbitration expense.

In the event the case proceeds to arbitration, each party's deposit will be applied to his portion of the arbitration expense.

INFO

Applies to

Ticket

Payable tickets and parking tickets may be paid in person or by mail.

All payable tickets and parking tickets can be paid in person or by mail.

INFO

Parties may file a poverty affidavit instead of paying the deposit in cash.

Parties may file a poverty affidavit in lieu of cash deposit.

INFO

Applies to

Electronic filing

The court will not assess an additional fee for electronic filing.

No additional fee shall be assessed for electronic filings.

INFO

Arbitration deposits will be refunded when appropriate.

Refund of arbitration deposits will be made when appropriate.

INFO

No fee is assessed for a facsimile filing.

No fee shall be assessed for facsimile filings.

INFO

Applies to

Ticket

Fines may be paid online at the Clerk of Court website using Visa or Mastercard.

PAY ONLINE — Pay your fine online at clerkofcourt.daytonohio.gov with a VISA or MASTERCARD.