Defiance Municipal Court, Ohio Filing Fees and Waivers

CRITICAL

Applies to

Civil original filing

Civil Court costs must be paid to the Clerk when filing; costs on the listed original filings are non-refundable filing fees, with fees set out in Appendix A.

Civil Court costs shall be paid at the time of filing to the Clerk of Court. Costs paid on all original filings; i.e. complaints, counter-claims, forcible entry and detainer actions, replevins, trusteeships, small claims complaints, third party complaints, are to be considered as a non-refundable filing fee. All fees are set forth in Appendix A.

CRITICAL

Applies to

Jury demand

In civil cases other than forcible entry and detainer actions, a party may demand a jury by first depositing security with the Clerk, and the demand and deposit must be filed at least 14 days before trial; failure to advance the security waives a jury trial.

(A) In a civil case, other than forcible entry and detainer actions, either party may demand a trial by jury within the time specified by Rule 38 of the Ohio Rules of Civil Procedure by first filing a deposit with the Clerk of Court. Said jury demand and deposit must be filed fourteen (14) days prior to the date scheduled for trial. The failure of a party in a civil action to advance the security for jury costs as provided herein shall constitute a waiver of trial by jury.

CRITICAL

If extraordinary costs are expected, the Clerk must estimate them and require an additional deposit commensurate with those costs.

(B) If at any time the Clerk determines, because of circumstances indicating extraordinary costs in any case, a deposit for costs in excess of the amounts specified herein should be made, the Clerk shall estimate such probable extraordinary costs and require an additional deposit commensurate therewith.

CRITICAL

Applies to

Warrant request

A warrant request requires the appropriate fee under Appendix A, and the requester will be billed for service fees exceeding the processing fee.

Any warrant requested in a Civil action must be made by way of a praecipe and include the wanted person's social security number and date of birth and must include the appropriate fee per the cost schedule in Appendix A. Should the service fees exceed the processing fee, the party requesting the warrant will be billed for those amounts.

CRITICAL

The Court may not order mediation for an indigent party unless it is available to that party at no cost.

Mediation shall not be ordered if a party is indigent, unless the mediation is available at no cost to the party.

CRITICAL

Fee

$70

Applies to

Jury trial cancellation

Calling off a jury after jurors have been summoned costs $70 plus a $30 juror fee for each juror the Clerk cannot reach before trial.

The assessment for calling off the jury after jurors have been summoned is $70.00 plus the $30.00 juror fee for each respective juror whom the Clerk is unable to reach prior to the scheduled time of trial.

CRITICAL

Applies to

Criminal cause civil action or proceeding or judgment by confession

A special projects fee is assessed in addition to other court costs when each criminal cause, civil action or proceeding, or judgment by confession is filed; the fee schedule is in Appendix A.

It being determined that, for the efficient operation of the Court, additional funds are necessary to acquire and pay for special projects of the Court; effective January 1, 2004, pursuant to Ohio Revised Code Section 1901.26 (B)(1), there is hereby established a special projects fund and a fee shall be assessed in addition to all other court costs, on the filing of each criminal cause, civil action or proceeding, or judgment by confession. See appendix A for schedule of fees.

CRITICAL

Applies to

Probation

Each probationer must pay the monthly fee listed in Appendix A immediately upon signing for probation and each month thereafter.

Each probationer shall be assessed a monthly fee as set forth in Appendix A, payable immediately upon signing for probation and each month thereafter.

CRITICAL

Applies to

Motion to revive judgment

All accrued case costs must be paid when a motion to revive a judgment is filed.

All costs accrued in a case must be paid upon the filing of a motion to revive a judgment.

CRITICAL

Applies to

Jury trial

The party demanding a jury must pay the jury deposit within 14 days after receiving the trial date and is charged for calling off the jury unless the demand is withdrawn at least 14 days before trial.

(F) The costs of a jury trial shall include the costs for jurors. The party demanding a jury shall be required to pay the jury deposit within fourteen (14) days after receipt of trial date and shall be charged for calling off the jury, regardless of the service of the jurors on a case, unless a jury demand is withdrawn by a party at least fourteen (14) days in advance of the scheduled trial.

CRITICAL

Fee

3 $

Applies to

Creditor addition to trusteeship

A $3 charge applies for each creditor added to a trusteeship account.

A charge of $3.00 per creditor will be assessed for each creditor added to the trusteeship account.

CRITICAL

Applies to

Facsimile filing

A fax filing that requires a fee or deposit will not be accepted until it is paid or payment arrangements are made.

Documents in which a fee or deposit is required will not be accepted for filing by facsimile transmission until the fee or deposit has been paid or arrangements have been made to pay the fee or deposit.

CRITICAL

When enforcing a writ or order requires handling or custody of seized property, the Clerk must require an additional deposit for estimated costs, and the requesting party may also be required to provide labor at its expense.

(A) In all cases in which it shall be necessary to seize, move, remove, store or to provide a custodian for any goods for property seized under any writ or order issued by the Court, the Clerk shall require an additional deposit in such amount as is deemed necessary to cover all estimated costs and expenses to implement such writ or order. In addition, the party requesting such writ or order may be required to supply such labor at his expense, as the Clerk or bailiff deems necessary to enforce such writ or order.

CRITICAL

Applies to

Motion to transfer

If a transfer motion is granted, the moving party must pay the appropriate filing fee to the Clerk with the motion; failure to pay results in denial.

In cases where motions to transfer a Small Claims Court case to the regular civil docket is granted, the party seeking the transfer shall pay the appropriate filing fee to the Clerk with the motion to transfer, along with the appropriate judgment entry. Failure to pay the fee will cause the motion to transfer to be denied.

CRITICAL

Applies to

Satisfaction of judgment

Costs must be paid before filing an order or entry of satisfaction unless the Court excuses payment for good cause.

Payment of costs, unless otherwise excused by the Court for good cause shown, shall be required prior to any filing of an order or entry of satisfaction.

WARNING

Fee

$85

Applies to

Moving violation

The basic court costs for a moving violation are $85.

19. Moving violations $ 85.00

WARNING

Fee

$2.5

Applies to

General unsecured appearance bond or written personal recognizance

A $2.50 fee applies to general unsecured appearance bonds and written personal recognizance.

a. General unsecured appearance bonds & written personal recognizance $ 2.50

WARNING

Fee

$7

Applies to

Additional defendant

Each additional defendant on a small-claims amended complaint costs $7.

(i) Each additional defendant $ 7.00

WARNING

Fee

$10

Applies to

Supplemental summons by certified mail

Supplemental summons by certified mail costs $10 in all civil and criminal cases.

a. Certified mail $ 10.00

WARNING

Fee

100

Applies to

Appeal deposit

A $100.00 deposit is charged for the Clerk of the Court of Appeals.

50. Appeals: a. Deposit for the Clerk of Court of Appeals $ 100.00 $ 40.00 b. Preparing file for appeal c. Transcripts for appeal prepared by court reporter or reporting agency (plus amount charged by court reporter/agency) $ 10.00

WARNING

Fee

$2

Applies to

Restricted or family plate application

A restricted or family plate application costs $2.

c. Restricted/Family Plate Application $ 2.00

WARNING

Fee

$25

Applies to

Certificate of judgment from another court

Filing and docketing a certificate of judgment from another court costs $25.

12. Certificates of Judgment a. Filing and docket certificate from another Court $ 25.00

WARNING

Fee

$48

Applies to

Bindover to common pleas court

A bindover to Common Pleas Court costs $48.

45. Bindovers to Common Pleas Court $ 48.00

WARNING

Fee

$10

Applies to

Service of process by certified mail

a. Certified mail

a. Certified mail

WARNING

Fee

$5

Applies to

Bmv license renewal or retest authorization

A request and journal entry authorizing the Bureau of Motor Vehicles to renew or retest a defendant's driver's license costs $5.

44. Request and journal entry authorizing Bureau of Motor Vehicles to renew or retest defendant's driver's license $ 5.00

WARNING

Fee

$500

Applies to

Jury deposit

16. Jury deposit 17. Service of process $ 10.00

16. Jury deposit 17. Service of process $ 10.00

WARNING

Fee

$7

Applies to

Additional defendant

Each additional defendant in a small-claims original complaint costs $7.

b. Each additional defendant $ 7.00

WARNING

Fee

$15

Applies to

Other petitions or motions

All other petitions or motions incur a $15 fee.

d. All other petitions/motions $ 15.00

WARNING

Applies to

Replevin complaint

The schedule states a replevin complaint fee as a percentage but the quoted text does not identify its base.

6. Complaint for replevin $1% of

WARNING

Fee

$10

Applies to

Program order rescheduling or modification

Rescheduling or modifying any of the listed program orders costs $10.

c. Rescheduling or modification of any of the above $ 10.00

WARNING

Fee

$15

Applies to

Post sentence license suspension modification to bmv

A post-sentence modification of an operator's license suspension sent to the Bureau of Motor Vehicles costs $15.

42. Post-sentence modifications of operator's license suspension(s) to Bureau of Motor Vehicles $ 15.00

WARNING

Fee

$10

Applies to

Small claims financial statement

A small-claims financial statement costs $10.

e. Financial statement (small claims} $ 10.00

WARNING

Fee

$15

Applies to

Supplemental summons by personal service

A supplemental summons by personal service costs $15 in all civil and criminal cases.

c. Personal service $ 15.00

WARNING

Fee

$64

Applies to

Cross claim or counterclaim

Filing a small-claims cross-claim or counterclaim costs $64.

d. Filing of cross-claim or counter claim $ 64.00

WARNING

Fee

$7

Applies to

Additional defendant

Each additional defendant on the cognovit complaint costs $7.

a. Each additional defendant $ 7.00

WARNING

Fee

$20

Applies to

Court trusteeship application

An application for court trusteeship costs $20, and adding each creditor costs $3.

9. Application for court trusteeship a. Adding creditor to trusteeship (per creditor added) $ 3.00 $ 20.00

WARNING

Fee

$10

Applies to

Property bond

A $10 fee applies to property bonds.

b. Property bonds $ 10.00

WARNING

Fee

2.5

Applies to

Case certification to common pleas court

The base charge to prepare a case file for certification to Common Pleas Court is $2.50.

52. Certification of case to Common Pleas Court: $ 2.50 a. base charge to prepare file $ 05 per page b. copy of each page of case file

WARNING

The Court may impose upon the parties fees and costs for mediation. If there is a fee for mediation, unless otherwise agreed by the parties, the mediation fees shall be shared equally.

The Court may impose upon the parties fees and costs for mediation. If there is a fee for mediation, unless otherwise agreed by the parties, the mediation fees shall be shared equally.

WARNING

Fines, costs, and restitution may be paid by cash, credit or debit card, money order, or personal or certified check.

Payment of fines/costs/restitution will be accepted in the form of cash, credit/debit card, money order, personal or certified check.

WARNING

Fee

$85

Applies to

Cognovit complaint

$ 85.00 2. Complaint for money, cognovit action

$ 85.00 2. Complaint for money, cognovit action

WARNING

Fee

25

Applies to

Returned check or credit card chargeback

A returned check or credit card chargeback incurs a $25.00 fee.

54. Returned check fee/credit card chargeback $ 25.00

WARNING

Fee

$10

Applies to

Payment agreement

A payment agreement costs $10.

36. Payment agreements $ 10.00

WARNING

Fee

$5

Applies to

Service of process by ordinary mail

Service of process by U.S. ordinary mail with a certificate of mailing costs $5.

b. U.S. ordinary mail, certificate of mailing $ 5.00

WARNING

Fee

$5

Applies to

Summons to appear

A summons to appear costs $5, plus service costs.

37. Summons to appear (plus costs of service) $ 5.00

WARNING

Fee

$7

Applies to

Additional defendant

Each additional defendant on the listed complaint costs $7.

a. Each additional defendant $ 7.00

WARNING

Fee

$15

Applies to

Motion for early release

A motion for early release costs $15.

b. Motion for early release $ 15.00

WARNING

The Clerk may accept online payments in the Criminal/Traffic Division for offenses and minor misdemeanors that do not require a court appearance, but not for posting bail.

The Clerk of Court is authorized to accept on-line payments in the Criminal/Traffic Division for any offense or minor misdemeanor in which appearance in Court is not mandatory (This provision does not apply to posting of bail).

WARNING

Fee

$70

Applies to

Wage garnishment

Filing a wage garnishment costs $70.

i. Wage garnishment filing fee $ 70.00

WARNING

Fee

$30

Applies to

Reporting probation

The reporting probation program fee is $30 per month.

39. Late Fee 40. Program fees a. Reporting Probation $30.00/month