Marysville Municipal Court, Ohio Filing Fees and Waivers

CRITICAL

Civil actions and proceedings generally require a cost-security deposit before the Clerk will accept them for filing, subject to exceptions provided by law.

A. No civil action or proceeding shall be accepted for filing by the Clerk unless the pany or parties offering the same for filing have firsr deposited a sum of money to secure the payment of costs. Except as otherwise provided by law. deposits shall be as follows:

CRITICAL

Fee

75

Applies to

Civil proceeding

A $75 deposit is due when a civil proceeding begins outside the Small Claims Division and includes a $15 Legal Aid Fund filing fee.

(I) A deposit of $75.00 shall be made at the commcncement of all civil proceedings, except in the Small Claims Division. to secure coun costs which shall be borne by the plaintiff unless otherwise collected from the defendant and paid to the <;lerk. This. deposit includes the filing fee of $15.. 00 for the Legal Aid Fund pursuant R.C. 1901.26(A)(9).

CRITICAL

Fee

10

Applies to

Execution returned unsatisfied

A $10 charge is assessed for each execution returned unsatisfied, in addition to process-server fees.

B. A charge of $10.00 shall be assessed for all executions returned unsatisfied, in addition to the fees of the process server.

CRITICAL

Fee

25

Applies to

Notice of appeal

An additional $25 deposit for costs in the trial court is due at the same time as the appeal deposit.

An additional deposit of $25 .00 shall be made at the same time to be applied to costs in this Coun.

CRITICAL

Fee

25

Applies to

Failure to appear at scheduled hearing

A $25.00 charge is assessed when a defendant in a criminal or traffic case fails to appear at a listed or other scheduled hearing.

In criminal/traffic cases, where the Defendant fails to appear at Initial appearance, arraignment, probation violation hearing or any other scheduled hearing a charge of $25 .00 shall be assessed.

CRITICAL

Applies to

Replevin action

A Replevin Action Bond must be posted for twice the amount of indebtedness.

(Replevin Action Bond must be posted in twice the amount of indebtedness.)

CRITICAL

Fee

9

Applies to

Criminal or moving violation traffic case

A $9.00 State Reparations Fund charge applies in criminal and moving-violation traffic cases, except companion cases.

In all criminal and moving violation traffic cases, except companion cases, a charge of $9 .00 shall be assessed for the State Reparations Fund. R.C. § 2743.70.

CRITICAL

Applies to

Motion to modify sentence

A charge applies to motions to modify sentence in criminal and traffic cases, with companion charges capped at $45.00 cumulatively.

In all criminal and traffic cases, a charge of $S .00 shall be assessed for motions for modifications of sentence, including modification of terms or conditions of incarceration, driving privileges. and probation terms. The maximum cumulative charge hereunder for companion charges shall be $45.00.

CRITICAL

Applies to

Minor traffic violation diversion program application

An applicant for the Minor Traffic Violation Diversion Program must deposit with the Clerk an amount equal to the bond and fine otherwise due for the same offense before the application will be considered.

D. No application for panicipation in the Minor Traffic Violation Diversion Program shall be considered until an amount equal co that otherwise due under the Coun's Bond and Fine Schedule for the same offense is first deposited wilh the Clerk to cover costs.

CRITICAL

Fee

15

A. In all cases a charge of $15.00 shall be assessed for the proceedings from the commencement of the action co the rendering of judgment. Except in the Small Claims Division, lhe charge shall be $5.00.

A. In all cases a charge of $15.00 shall be assessed for the proceedings from the commencement of the action co the rendering of judgment. Except in the Small Claims Division, lhe charge shall be $5.00.

CRITICAL

Applies to

Traffic safety diversion program completion

Successful completion of the Traffic Safety Diversion Program incurs a charge equal to the Bond Schedule amount for the same offense.

For successful completion of the Traffic Safety Diversion Program a charge equal to the amount due under the existing Bond Schedule for the same offense shall be assessed.

CRITICAL

Fee

3

Applies to

Commencement of proceedings

A $3.00 computerization-fund charge is assessed when proceedings commence.

A charge of $3.00 shall be assessed for Clerk's Office Computerization Fund upon the commencement of the proceedings. R.C. § 1901.26l(B).

CRITICAL

Fee

10

Applies to

Garnishment proceeding

A $10 charge is assessed for each garnishment proceeding, in addition to Bailiff fees.

C. A charge of S!0.00 shall be assessed for aU garnishment proceedings, in addition to the fees of the Bailiff.

CRITICAL

Fee

15

Applies to

Special family license plate application

An applicant for special family license plates must deposit $15 before the application will be considered.

C. No application for special (family) license plates shall be considered until the applicant deposits the sum of $15.00 to secure payment of cosrs imposed upon the order suspending operating privileges and impounding vehicle identification plates and registration under R.C. § 4509.IOl(B)(l)(c).

CRITICAL

Fee

5

Applies to

Writ of restitution

Issuing a Writ of Restitution incurs a $5 charge in addition to Bailiff charges.

F. A charge of $5 .00 shall be assessed for the issuance of a Writ of Restitution, in addition to the Bailiff's charges.

CRITICAL

Fee

10

Applies to

Writ of replevin

Issuing a Writ of Replevin incurs a $10 charge in addition to Bailiff charges, and a replevin action bond must be twice the indebtedness.

D. A charge of $10.00 shall be assessed for the issuance of a Writ of Replevin, in addition to au Bailiff's charges. (Replevin Action Bond must be posted in twice the amount of indebtedness.)

CRITICAL

Fee

75

Applies to

Counterclaim cross complaint third party complaint

A $75 deposit is required when filing a counterclaim, cross-complaint, or third-party complaint.

(2) A deposit of $75.00 shall be made with the filing of a Counter-claim, Cross-Complaint or Third Pany Complaint. Costs shall be borne by the claimant unless otherwise col· lccted from the opposing pany and paid to the Clerk.

CRITICAL

Applications must include the full amount otherwise required to process the citations through the Traffic Violations Bureau; personal checks may not be accepted.

(d) mclude full payment, equal to that which would otherwise be required for processing of the ciiation(s) by the Traffic Violations Bure.au. Personal checks may be not be accepted.

CRITICAL

Fee

3

A $3 charge is assessed in all cases for the Legal Research and Court Technology Fund.

J. In aU cases a charge shall be assessed of (I) $3.00 for the Legal Rese'!rch &. Coun Technology Fund. R.C. § 1901.26l(A).

CRITICAL

Fee

15

Applies to

Probation violation or nonpayment contempt

A $15.00 charge applies upon a finding of probation violation or contempt for nonpayment, with companion charges capped at $45.00 per related incident.

In all criminal and traffic cases, a charge of $15.00 shall be assessed upon the finding that the Defendant has violated the tenns of probation. or is in contempt for nonpayment of tines and/or costs. The maximum cumulative charge hereunder for companion charges shall be $45 .00 per related incidence of noncompli· ance.

CRITICAL

Fee

25

Applies to

Appeal to third district court of appeals

A $25.00 charge applies to proceedings in appeals to the Third District Court of Appeals, in addition to Court of Appeals fees.

For all appeals 10 the Third District Court of Appeals a charge of $25.00 shall be assessed for the proceedings from the filing of the notice of appeal to the conclusion the appellate process. This fee is in addition to fees assessed by and the Court of Appeals.

CRITICAL

Fee

5

Applies to

Sentence modification motion

A defendant seeking sentence modification in a criminal or traffic case must deposit $5 per case, subject to a $45 maximum cumulative deposit for companion charges.

B. In criminal and traffic cases no motion for modification of sentence, including modification of terms or conditions of incarceration, driving privileges, and probation terms. civil action or proceeding shall be considered by the Coun unless the defendant has first deposited lhe sum of $5.00 to secure the payment of cosis on each case in which modifi· cation is sought. The maximum cumulative deposit hereunder for companion charges shall be $45.00.

CRITICAL

Applicants must pay the Fine Schedule fee for each eligible citation.

(2) pay a fee equal that on the Fine Schedule for each eligible citation;

CRITICAL

Fee

11

Applies to

Criminal or moving violation traffic case

A $11.00 State General Revenue Fund charge applies in criminal and moving-violation traffic cases, except companion cases.

In all criminal and moving violation traffic cases, except companion cases, a charge of $11.00 shall be assessed for the State General Revenue Fund. R.C. § 2949.091.

CRITICAL

Fee

100

Applies to

Notice of appeal

A party filing a notice of appeal to the Third District Court of Appeals must deposit $100 or another amount ordered by that court.

(SJ) A deposit of $100.00, or such other a- mount as the Coun of Appeals shall order, shall be made by any pany filing a notice of appeal 10 the Thinl District Coun of Appeals to be forwarded by the Clerk of this Coun to the Clerk of the Coun of Appeals.

CRITICAL

Fee

23

Applies to

Small claims proceeding

A $23 deposit is due when a Small Claims proceeding begins and includes a $7 Legal Aid Fund filing fee.

(3) A deposit of $23.00 shall be made at the commencement of a proceeding in the Small Claims Division. This deposit includes the tiling fee of $7 .00 for the Legal Aid Fund per R.C. I 901.26(A)(9). Costs shall be borne by !he plaintiff unless otherwise collected from the defendant aix1 paid to the Clerk.

CRITICAL

Fee

75

Applies to

Failure to appear for trial

A $75.00 charge is assessed for failure to appear for trial, with only one charge per failure for each case or group sharing the same case number.

Where defendant fails to appear for trial, a charge of $75 .00 shall be assessed. For each failure to appear only one charge shall be assessed for each case or group of cases bearing the same case number regard· less of letter designation.

CRITICAL

An application submitted without full payment or with an inactive credit-card account number for payment is held for naught.

Submission of an application without tender of full payment of the amount due, with an inactive credit card account number for payment, shall be held for naught, and upon failure of defendant 10 timely appear to enter a pica, the case shall be handled accordingly.

CRITICAL

Fee

5

A $5 charge is assessed for the Special Projects Fund.

(2) $5 .00 for rile Special Projects Fund. R.C. § 1901.26(B).

CRITICAL

Fee

15

Applies to

Criminal or traffic case with unpaid fines and costs

A $15.00 charge applies in specified cases of late payment of fines and costs, with companion charges capped at $45.00 cumulatively.

A charge of $15.00 shall be assessed in each traffic and criminal case in which (I) the coun allows thirty, or more days to pay fines and costs and all fines and costs are not paid before the thirty-first following the date of journalization of the original entry imposing sentence, or (2) the offender fails to pay all fines and costs before the thirty-first following the date of journalization of the original entry imposing sentence. The maximum cumulative charge hereunder for companion charges shall be $45.00.

CRITICAL

Fee

35

Applies to

Execution with sale of chattel property

A $35 charge is assessed for an execution resulting in a sale of chattel property under the writ, in addition to advertising costs.

E. A charge of $35.00 shall be assessed for all executions issued for which a sale of chanel property is had pursuant to the Writ, in addition to the advertising.

CRITICAL

Applies to

Change of plea

A change of plea after the Pretrial Conference incurs a charge equal to actual jury fees or $175.00, whichever is greater.

In the event of a change of plea in a criminal or traffic case after the Pretrial Conference, a charge equal to the acrual jury fees incurred, or $175.00, whichever is greater, shall be assessed.

CRITICAL

Fee

6

Applies to

Certified mail service

In Small Claims, a requesting party must deposit $6 for each requested or required certified-mail piece after the first piece issued by the Court.

An additional deposit of $6.00 shall made by a requesting patty for each piece of cenified mail requested or required to be made due to a request by said patty in this Division for service or otherwise. However, no such additional deposit shall be required for the first piece of cenified mail issued by the Coun in the case.

CRITICAL

Fee

15

Applies to

Vehicle plate and registration impound order

A $15.00 charge is assessed whenever the court issues a specified order impounding vehicle identification plates and registration.

A charge of $15.00 shall be assessed whenever the coun issues an order impounding vehicle identification plates and registration under R.C. § 4507.164, R.C. § 4507.38, R.C. § 4509.IOl(B)(I)(c), or R.C. § 4511.195.

CRITICAL

Fee

150

Applies to

Jury trial request

A party requesting a jury trial in a civil case must deposit $150.

(4) A deposit of $150.00 shall be made by any party requesting a trial of any issue by jury in a civil case.

WARNING

When one case gives rise to both O.M.V.I. and Concentration charges, costs are assessed only in the case resulting in a sentence, and charges arising from the same facts are filed under one case number.

Where one case gives rise to both an O.M. V.I. and a Concentration charge, costs will be assessed only in the case that resulrs in a sentence. Concentration and O.M.V.I. charges arising out of the same facts shall be filed under the same case number even if not filed concur- remly.

WARNING

A plaintiff or defendant who files the specified affidavit of inability may have a complaint or other pleading filed without the deposit or security.

(8) Where the plaintiff or defendant files an Affidavit of inability to pay or secure costs as provided in R.C. 2323.31, the Clerk shall receive and file !he complaint or other pleading without such deposit or security.

WARNING

Applies to

Pleading requiring deposit

A deposit required for an electronically transmitted pleading must be authorized by counsel using the specified MasterCard or Visa account information and a written request.

(5) Pleadings required to be accompanied by a deposit may be transm itted electronically if otherwise allowed and if accompanied by a valid MasterCard or Visa Credit Card number on an 2ccount in counsel's name (with expira·tion date and name of card holder) and a writ·ten request of counsel authorizing the charge.

WARNING

Court payments must use one of the listed payment forms, and the Clerk may reject coinage exceeding one dollar.

Payments for fines, costs, deposits. bonds, waivers. or any other item which is to made to the Coun must be in the form of cash, certified check. money order. check written on an office or trust account of an a1tomey of record, or MasterCard or Visa credit card. The Clerk may reject coinage in excess of one dollar for any payment.

WARNING

Costs may be secured by a bond with surety approved by the Clerk, but a member of the Bar may not act as surety.

(6) Costs may be secured by a bond with surety approved by the Clerk. No member of the Bar shall be accepted as surety.

WARNING

Fee

20

Applies to

Companion case paid by mail

Companion cases paid by mail incur an additional $20.00 charge, which the Clerk may waive if the fine-and-cost balance is timely received.

Waiverable companion cases paid by mail shall be assessed additional costs of $20.00, which fee may be waived by the Clerk if the balance of the fine and costs are timely received.

WARNING

At the end of litigation, the Clerk applies the remaining cost deposit to unpaid costs.

(9) At the termination of the litigation, the balance the deposit for costs shall be applied by !he Cleric to unpaid cosrs.

WARNING

Applies to

Mail service

Mail service is charged at actual postage cost, but no additional charge applies to the first certified-mail piece in a Small Claims case.

I. A charge shall be assessed equal co the actual postage cost of service by certified mail and regular mail with certificate of mailing. Except, however, there shall be no additional charge assessed for rile first piece of certified mail in Small Claims cases.

WARNING

The Court may require an additional deposit if a deposit is insufficient.

(7) If any deposit is insufficient, the Coun may require an additional deposit.

INFO

Additional fees and charges may be assessed as provided by law.

Additional fees and charges may be assessed as provided by law.

CRITICAL

A $0.50 charge applies to each piece of regular mail that must be issued to a creditor in a trusteeship.

In trusteeships a charge of $0.50 shall be assessed for each piece of regular mail that must be issued to a creditor.

CRITICAL

Applies to

Certificate of judgment

A $5 charge is assessed for making a Certificate of Judgment.

H. A charge of $5.00 shall be assessed for making a Certificate of Judgment.

CRITICAL

A $15 charge is assessed in civil cases filed in or transferred to the regular division.

K. In aU civil cases filed in, or transferred to, the regular division a charge of $15.00 shall be assessed;

CRITICAL

The proceedings charge in the Small Claims Division is $5.

Except in the Small Claims Division, lhe charge shall be $5.00.

CRITICAL

Applies to

Judgment debtor examination

A $10 charge is assessed for a Judgment Debtor examination.

G. A charge of $10.00 shall be assessed for a Judgment Debtor examination.