Franklin Municipal Court, Ohio Filing Fees and Waivers

CRITICAL

Fee

$67

Applies to

Small claims complaint

The Small Claims complaint filing fee is $67.00, including the cost of serving the notice and summons.

Upon receipt of a costs and filing fee for a Small Claims complaint will be $67.00. This filing fee includes cost of serving the notice and summons.

CRITICAL

Fee

25

Applies to

Payment plan setup

The Court charges a $25.00 fee per case to set up a payment plan.

fee charged by the Court for setting up payment plan shall be $25.00 per case.

CRITICAL

When a case results in conviction and payment of a fine and/or costs, the fee must be added to the other costs.

In any case that result in a conviction and payment of fine and/ or costs, the fee shall be added to the other costs.

CRITICAL

Fee

14

Applies to

Court improvement cost

The court improvement cost is $14.

3. Court Improvement cost $ 14.00

CRITICAL

Fee

$555

Applies to

Writ of restitution execution

A landlord, owner, or other person requesting execution and removal of goods under a writ of restitution must deposit $555 before the Court arranges removal.

If the Landlord/ Owner of the premise requests that the goods and chattels be removed upon a Writ of Restitution and Execution is requested, that said Landlord/Owner or person requesting the Execution upon property and chattels shall deposit court cost of $555.00 prior to the court arranging for the removal of the person property of the Defendant.

CRITICAL

Fee

3

Applies to

Computer research cost

The computer research cost is $3.

6. Computer Research $ 3.00

CRITICAL

Fee

12

Applies to

Civil witness subpoena

A $12 witness fee must be deposited with the clerk before a civil subpoena issues, and a qualifying witness receives the fee upon presenting the subpoena.

No subpoena for a witness in a civil proceeding shall be issued until a witness fee cost of $12.00 is deposited with the clerk. A witness who testifies, or who is available for that purpose, shall receive this fee upon presentation of the subpoena to the Clerk of Courts. (See Civ R. 45(c).

CRITICAL

Fee

25

Applies to

Public defender application

A person filing for a Public Defender must pay a non-refundable $25 application fee upon filing.

Pursuant to ORC 120.36 the court shall direct the person to pay a non-refundable application fee of twenty-five dollars upon the filing for a Public Defender.

CRITICAL

Fee

5

Applies to

Payment plan renewal

Each payment plan renewal incurs a $5.00 fee.

It is further Ordered that if the Court is requested to renew a payment plan there shall be a renewal fee of $5.00 for each such renewal.

CRITICAL

Fee

200 dollars

Applies to

Jury demand

A party demanding a jury trial in a civil case must promptly deposit $200.

The party making a demand for a trial by jury in a civil case shall forthwith deposit the sum of Two Hundred Dollars ($200.00).

CRITICAL

Fee

$1.5

Applies to

Cause or appeal

The Clerk must charge a $1.50 research fee when each covered cause or appeal is filed.

Pursuant to R.C.1901.26 (A) and R.C. 2303.201, the Court authorizes and directs the Clerk of this court to charge a fee of $1.50 on the filing of each cause or appeal under divisions (A), (R), and (V) of Section 2303.20 of the Ohio Revised Code.

CRITICAL

Fee

555

Applies to

Writ or process against chattel property

Before process issues against chattel property other than personal earnings, the required moving, storage, advertising, and custody expenses must be deposited with the clerk, in an amount of at least $555.

Before any writ or attachment, execution, replevin or any other process may be issued, against chattel property other than personal earnings, a sum of money sufficient to pay the cost of moving, storage, advertising and the care for any custody of such property, must be deposited with the clerk to secure such expenses. The amount of such deposit shall not be less than Five hundred fifty-five dollars ($555.00)

CRITICAL

Fee

6

Applies to

Clerks fund cost

The Clerk’s Fund cost is $6.

4. Clerks Fund cost $ 6.00

CRITICAL

Fee

250

Applies to

Pre sentence investigation

The pre-sentence investigation cost is $250.

2. Pre-sentence $250.00 Investigation

CRITICAL

Fee

2

Applies to

Record check

A $2 fee is charged for each record check.

The Court authorizes and directs the Clerk of this Court to charge a fee of $2.00 for each record check

CRITICAL

Applies to

Criminal or traffic cause

For a criminal or traffic cause resulting in bond forfeiture or waiver payment, the fee must be included in the costs.

For any criminal or traffic cause that results in a bond forfeiture or waiver payment, such fee shall be included as part of the costs. The bail and waiver schedules are hereby modified to provide for that event, without being retyped and republished.

CRITICAL

Applies to

Non departmental complaint

A complainant must pay the filing fee before filing a non-departmental complaint, unless the court waives the fee.

A filing fee shall be paid by the complainant before filing any non-departmental complaint. This fee may be waived by the court.

CRITICAL

Fee

6

Applies to

Bonds and waivers

The Clerk must increase the Bonds and Waivers fee by $6 per case, including a $6 increase for any civil case, including Small Claims.

The Court authorizes and directs the Clerk of this Court to increase the fee of the Bonds and Waivers $6.00 on each case. For any Civil case including Small Claims, the fee shall be increased $6.00.

CRITICAL

Applies to

Jury demand

A jury must not be drawn until the required deposit has been made.

The jury, shall not be drawn unless the deposit herein required has been made.

CRITICAL

Fee

25

Applies to

Copy of individual court record

A $25 fee is charged for each copy of an individual’s court record.

$25.00 for each copy of any individual’s record in this Court.

CRITICAL

Fee

$2

Applies to

Case

The Clerk must assess an additional $2 fee in every case.

It is Ordered that the Clerk of this Court shall assess an additional fee of $2.00 per case for each and every case.

CRITICAL

Applies to

Civil case

In any civil case, the fee must be added to the other costs.

For any civil case in any division of the court, the fee shall be added to the other costs.

CRITICAL

Fee

9

Applies to

Bonds and waivers

The Clerk must increase the Bonds and Waivers fee by $9 per case, including a $9 increase for any civil case, including Small Claims.

The Court authorizes and directs the Clerk of this Court to increase the fee of the Bonds and Waivers $9.00 on each case. For any Civil case including Small Claims, the fee shall be increased $9.00.

CRITICAL

When a case is dismissed at the defendant's or complainant's costs, the fee must be added to the other costs.

In any cases that results in a dismissal, at the defendant's or the complainant's costs, the fee shall be added to the other costs.

CRITICAL

Applies to

Jury demand

Unless the jury is waived in writing at least seven days before trial, the party who demanded it must pay all fees and expenses incurred because of the demand.

After a jury has been demanded, unless said jury is waived in writing not less than seven (7) days prior to the date set for trial, the party who requested that jury shall pay all jury fees and expenses incurred as a result of such demand.

CRITICAL

Applies to

Court financial sanction payment

Payments of a court financial sanction by credit card, debit card, or other electronic transfer incur a processing fee that is taxed as case costs.

Pursuant to ORC 2929.28 (F)(2) payments of all or any portion of a court financial sanction by credit, debit cards, or other electronic transfer shall be charged a fee associated with processing the transaction. This fee will be taxed as costs to the case.

CRITICAL

Applies to

Wage release

A debtor seeking a release of wages must pay the Clerk the amount required by law to be held.

A debtor may obtain a release of wages upon delivery to the court of a signed statement to the court from his employer as to his set earnings for the past thirty days and upon payment to the clerk of the amount required by law to be held.

CRITICAL

Fee

250

Applies to

Pre trial diversion

The pre-trial diversion cost is $250 plus court cost.

1. Pre-trial Diversion $250.00 plus court cost

CRITICAL

Applies to

Required appraisal

When an appraisal is required, the plaintiff must deposit the appraisal fee with the Clerk of Courts.

In any case where an appraisal is required, a fee shall be deposited by the plaintiff with the Clerk of Courts, for the cost of such appraisal.

CRITICAL

Fee

2

Applies to

Emha cost

The EMHA cost is $2.

5. EMHA cost $ 2.00

WARNING

A juror who appears because the Clerk’s office could not notify them despite diligent effort must be paid a one-day per diem, charged as provided above.

Any juror who appears for service because of the inability of the clerk's office, after diligent effort, to notify such juror, shall be paid the per diem fee for one day's service and such fee shall be chargeable as indicated heretofore.

WARNING

The bond schedule and filing fees are amended according to Exhibit A.

WHEREAS, The Court Orders Bond Schedule and Filing fees be Amended pursuant to Exhibit A, attached hereto and incorporated herein.

WARNING

Collected fees must be paid to the City Treasurer and disbursed by court order at the end of each month.

All moneys collected shall be paid to the treasurer of the City of Franklin. They are to be disbursed upon an Order of this court, at the end of each month along with other Court disbursements.

WARNING

A party whose or whose counsel’s failure to appear causes a trial to be continued or postponed must pay the panel’s per diem cost, unless the Court finds an extreme emergency or circumstances beyond their control.

In the event a panel of jurors appears for service and the trial is continued or postponed due to the failure of a party or his counsel to appear, such party shall be assessed the per diem cost of the panel, unless such failure to appear is as the result of extreme emergency or conditions beyond the control of the party or counsel as the same may be determined by the Court.

WARNING

Applies to

Jury demand

The jury-demand deposit is returnable if the demand is timely withdrawn.

In the event that a jury demand is made and then timely withdrawn, the deposit for such demand shall be returnable to the depositor.

WARNING

Fee

$250

Applies to

Probation

Probation fees increased to $250 per case effective March 1, 2008.

WHEREAS , Probation Fees increased from $100.00 per case to $250.00 per case effective March 1, 2008.

WARNING

Applies to

Service

Service fees not specified for Small Claims are the same as those set by the regular civil court division.

Fees for service other than those set forth above shall be the same as the fees set by the regular civil court division.

WARNING

Applies to

Jury demand withdrawal

Withdrawing a jury demand after jurors are summoned incurs the cost of notifying them; if multiple parties agree to the withdrawal, they share that cost equally.

If the withdrawal of jury demand is made following the summoning of jurors, the Party requesting the withdrawal shall be assessed the costs of notifying such jurors that their services will not be required. If the request for withdrawal of jury is agreed upon by more than one party, all consenting parties shall equally share such cost irrespective of the party prevailing at trial.

WARNING

After a party represents that they are indigent, the Clerk must investigate and waive security for costs if indigency is found.

Upon representation by any party of indigency, the clerk shall investigate the accuracy of such representation and upon finding that such indigency does exist; the security for costs shall be waived.

WARNING

The Court may waive all or part of the costs if a party is found indigent.

All or any part of the costs may be waived by the court in the event a party is found to be indigent.

WARNING

Applies to

Laboratory analysis

The Court may impose laboratory-analysis fees for evidence as court costs in cases where it orders drug testing.

Authorizes the Court to impose as court cost any fees for laboratory analysis of any evidence in cases the Court hereby issues drug testing.

INFO

The listed criminal or traffic fees follow the referenced fee schedule, which does not change the stated civil fee schedule.

All services listed in the table below reflect fee schedule as Approved by O.R.C. section 311.17 and 509.15 and meet the requirements as specified in H.B.226 which is effective February 27. 2006. NOTE-Fee schedule for civil court actions in the Franklin Municipal Court that were effective 10-1-2005 are not changed or modified by this criminal or traffic fee schedule.

INFO

Applies to

Notarization of affidavits or other court-business matters

Court officers and employees may not charge a fee for notarizing affidavits or other matters pertaining to the court’s civil or criminal business.

No fee shall be charged by any officer or employee of this court for notarizing affidavits or any other matter pertaining to civil or criminal business of this court.

INFO

Unused court costs held by the clerk for one year must be returned to the attorneys who filed the cases.

Unused court costs still on hand with the Clerk of Courts at the end of one year will be returned to the respective attorneys filing those cases.