Lyndhurst Municipal Court, Ohio Filing Fees and Waivers

CRITICAL

Applies to

Civil jury trial

The court-scheduled civil jury-trial fee must be paid 90 days before trial unless the Court orders otherwise.

For jury trials in civil cases, a filing fee, as set out in the Court’s cost schedule, shall be paid ninety (90) days in advance of trial, unless otherwise ordered by the Court.

CRITICAL

A filing requires payment of the court-scheduled filing fee.

No action or proceeding shall be accepted for filing by the Clerk of Court without the required filing fee stated by this Court in its schedule of costs, previously ordered by journal entry.

CRITICAL

Applies to

Affidavit in aid of execution

The statutory fee for each garnishee must accompany the affidavit.

The garnishee fee as required by statute per garnishee shall accompany the affidavit.

CRITICAL

Applies to

Request for hearing

A hearing request for an officer-operated handheld citation must be filed in the Court, and the scheduled fee is taxed to the case and collected from the party that loses at trial.

A Request for Hearing of a citation issued pursuant to an Officer-Operated Handheld Traffic Law Enforcement Program must be filed in the Lyndhurst Municipal Court. A filing fee, as stated by this Court in its schedule of costs, will be taxed to the case and the Clerk shall collect the filing fee from the party which loses at trial.

CRITICAL

When a judgment for cost appears against a party unsatisfied, the Clerk may refuse to accept any new filing or proceeding instituted by such party, unless otherwise ordered by the Court, without first making payments to the Clerk of such unpaid costs.

When a judgment for cost appears against a party unsatisfied, the Clerk may refuse to accept any new filing or proceeding instituted by such party, unless otherwise ordered by the Court, without first making payments to the Clerk of such unpaid costs.

CRITICAL

Applies to

Marriage ceremony

A non-refundable security deposit in the amount set by the Court’s cost schedule must be paid before the marriage ceremony.

There shall be a non-refundable security deposit, as stated in the Court’s schedule of costs, that shall be paid in advance of the ceremony.

CRITICAL

Applies to

Affidavit in aid of execution

The required scheduled deposit must be paid to the Clerk when the affidavit is filed.

The deposit required by the Court schedule of fees and deposits, shall be made with the Clerk at the time of filing the affidavit.

CRITICAL

Applies to

Satisfaction of judgment

The Clerk may not enter satisfaction of judgment until all Court costs are paid.

No satisfaction of judgment shall be entered by the Clerk of Court, unless all Court costs have been paid.

CRITICAL

Applies to

School zone traffic camera case

The Plaintiff must pay the filing fee if it dismisses a school-zone traffic-camera case.

In the event the Plaintiff dismisses the school zone case, the Plaintiff shall pay the filing fee.

CRITICAL

A fax filing that requires a filing fee will not be accepted until court costs are paid.

No document filed by facsimile that requires a filing fee shall be accepted by the Clerk for filing until Court costs have been paid.

CRITICAL

Applies to

School zone traffic camera case

The Plaintiff must pay the filing fee if a school-zone ticket is not served on the Defendant within six months after filing because service failed.

When service of the school zone ticket is not made on the Defendant within six (6) months from the date of filing of a ticket with the Clerk due to failure of service, the Plaintiff shall pay the filing fee.

CRITICAL

A party claiming indigency must submit an affidavit stating why costs cannot be prepaid, and costs are waived if indigency is found.

Upon representation of indigency by a party, the Clerk of Court shall have the party complete an affidavit of indigency which will be forwarded to the Judge or Magistrate to determine if the party is indigent. If indigency is found, then the costs shall be waived. The representation of indigence through the filing of a poverty affidavit must state the reasons for the inability to prepay costs and is subject to Court review at any stage of the proceeding.

CRITICAL

Applies to

School zone traffic camera case

In a school-zone traffic-camera case, the losing party at trial pays the filing fee.

In school zone cases, the Clerk shall collect the filing fee from the party which loses at trial.

CRITICAL

Applies to

Automated traffic camera ticket

For automated traffic-camera cases, the Plaintiff must pay the scheduled filing fee before filing and no later than the filing date, except for school-zone cases.

For traffic camera tickets issued pursuant to an Automated Traffic Law Enforcement Program, the Plaintiff shall pay the filing fee stated by this Court in its schedule of costs for each traffic camera case in advance of the date of filing but not later than the actual date of the filing of the traffic camera ticket with the Clerk, except for traffic camera cases arising in a school zone as prescribed by the ORC.

CRITICAL

Applies to

Alias order

An alias order is allowed only after failure of service on the writ and payment of an additional deposit to the Clerk.

No alias order shall be allowed unless there has been failure of service on the writ and only after an additional deposit is made with the Clerk.

CRITICAL

When the bailiff must perform services involving property, a deposit sufficient to cover probable charges is required.

In cases where it becomes necessary for the bailiff to perform services in connection with property, the bailiff shall require a deposit sufficient to secure the probable charges in each case.

CRITICAL

E-filing fees, deposits, and copy costs are collected by credit card or deposit when processed, and a filing requiring a fee may be rejected if the filer has not followed the Court’s payment mechanism.

Normal filing fees, deposits, and copy costs will be collected via filer credit card or deposit at the time the filing is processed by the clerk. Any document filed electronically that requires a filing fee may be rejected by the clerk unless the filer has complied with the mechanism established by the court for the payment of filing fees.

WARNING

Applies to

Civil jury trial

If a case settles after the jury array or jury reports for service, all parties share the summoning and service costs equally.

If an array or jury reports for service and the case is settled, all parties shall share equally in the cost of summoning the array or jury and its service.

WARNING

Applies to

Civil jury deposit

A person determined to be indigent may petition the Court to waive the civil jury deposit.

A person determined to be indigent may petition the Court for a waiver of the jury deposit requirement.

WARNING

Court-approved reasonable bailiff charges are taxed as costs, and seized property need not be released until the charges are approved and paid.

Any reasonable charges, when approved by the Court, shall be taxed as costs of the action and any property seized under any writ or process of the Court need not be released until said charges are approved and paid.

WARNING

Applies to

Civil jury trial

A party whose failure to appear postpones trial must pay the jury panel’s per diem cost unless the Court determines an extreme emergency or circumstances beyond the party’s or counsel’s control caused the failure.

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

WARNING

Applies to

Civil jury trial

The party withdrawing a jury demand must pay one day’s per diem for a juror who appears because the Court could not notify the juror despite diligent effort.

Any juror who appears for service because of the inability of the Court after diligent effort to notify such juror, shall be paid the per diem for one day’s service, the cost of which is to be charged to the party withdrawing the jury demand.

WARNING

Applies to

Civil jury trial

A party who withdraws a jury demand after jurors are summoned must pay the costs of notifying them.

If the withdrawal is made following the summoning of the jurors, the party initially demanding the jury shall be assessed the costs of notifying such jurors that their services will not be required.

WARNING

Applies to

Civil jury deposit

The civil jury deposit is returned if the jury demand is withdrawn before prospective jurors are summoned.

If a jury demand is made and later withdrawn, the deposit for such demand shall be returned to the depositor provided such withdrawal is made prior to summoning the prospective jurors.

INFO

The Court assesses no additional fee for fax filing.

No additional fee shall be assessed for facsimile filings.