New Philadelphia Municipal Court, Ohio Filing Fees and Waivers

CRITICAL

A deposit of at least the amount specified in the civil costs section is required as security for costs before filing, unless the Court orders otherwise or the filer is exempt by law; a Judge or Magistrate may excuse a person unable to pay upon an appropriate affidavit.

No action, proceeding, motion or other document shall be accepted for filing by the Clerk of Court unless there first shall be deposited the sum of not less than the amount specified in the civil costs section as security for costs, unless otherwise ordered by the Court or otherwise exempted by law. The schedule of court costs in the civil division is set by administrative order. The schedule is available at the Clerk of Court’s Office or at the Court’s web site. Those persons unable to post the required security for costs may be excused from the same upon filing of an appropriate affidavit, when approved by the Judge or Magistrate.

CRITICAL

Applies to

Jury demand

A jury demand fee set by the Court’s current cost schedule is assessed in civil cases and must accompany a complaint or responsive pleading when the jury demand is made with that pleading.

In civil cases, a jury demand fee in an amount indicated in the court’s most recent Schedule of Court Costs, shall be assessed. If the jury demand is made upon the filing of a complaint or made upon the filing of a responsive pleading, the jury demand fee, in the amount set by the Schedule of Court Costs shall accompany said pleading.

CRITICAL

The Clerk will not file and docket a transferred case until a deposit sufficient to secure costs has been made.

B. Court as Transferee: The Clerk shall not file and docket any case transferred to this Court pursuant to venue change in application of Civil Rule 3(C) until a sum sufficient to secure costs has been deposited.

CRITICAL

Applies to

New writ application

If the plaintiff delays or cancels a set-out and more than fifteen business days have passed since issuance, the plaintiff must apply for a new Writ and pay another fee.

If a set-out is delayed or canceled by the plaintiff, and more than fifteen (15) business days pass after the date the Writ was issued, the plaintiff must apply for a new Writ and pay another fee.

CRITICAL

Applies to

Motion to certify case

The motion to certify must include a check or money order payable to the Court of Common Pleas for at least the specified security costs.

The motion shall be accompanied by a check or money order made payable to the Court of Common Pleas, in a sum of not less than the amount specified as security costs for that court.

CRITICAL

Applies to

Facsimile filing

The Clerk will not accept a document for fax filing if it requires a filing fee or service by the Clerk.

No document shall be accepted by the Clerk of Court for facsimile filing if it requires a filing fee or service by the Clerk of Court.

CRITICAL

Applies to

Writ of restitution application

The plaintiff must pay the fee set by the most recent cost schedule with the application for a Writ of Restitution.

Plaintiff shall remit a fee, established by the most recent cost schedule, with the application for the Writ.

CRITICAL

A case may not be transferred for a venue change until all costs are paid and a check sufficient to secure the transferee court’s costs is deposited with the Clerk.

A. Court as Transferor: The Clerk shall not transfer any case pursuant to venue change in application of Civil Rule 3(C) until all costs are paid, and, in addition, a check made payable to the transferee court in the sum sufficient to secure its costs is deposited with the Clerk to accompany the file upon transfer.

CRITICAL

An e-filed document requiring a fee will be rejected unless the filer follows the court’s fee-payment mechanism.

Any document filed electronically that requires a filing fee shall be rejected by the Clerk of Courts unless the filer has complied with the mechanism established by the court for the payment of filing fees in accordance with Ohio Civ. R. 5(E)(3).

CRITICAL

Normal filing fees and case deposits are collected electronically when a filing is submitted, before it advances to Clerk review.

The Clerk of Courts shall assess normal filing fees and case deposits which will be collected via a financial transaction device of electronic means at the time the filing is submitted in order to advance to the Clerk’s review stage of e-filing.

CRITICAL

Fee

100

Applies to

Bond

Filing the bond incurs a $100.00 filing fee and a bond surcharge fee.

A filing fee of $100.00 and the bond surcharge fee shall be charged.

CRITICAL

Applies to

Civil jury demand

The party demanding a civil jury must pay the Civil Jury Cost 10 days before trial, unless the Judge approves a waiver based on evidence of indigency.

The party demanding the jury in a civil case shall pay the Civil Jury Cost ten (10) days prior to the trial. The cost requirement may be waived upon the presentation of evidence which establishes the indigency of the party demanding the jury, and upon approval of the Judge.

CRITICAL

Applies to

Jury deposit

The jury deposit must be receipted by the Clerk’s Office by noon one business day before trial; an indigent person may petition for waiver, no deposit is required in a criminal/traffic case, and failure to pay either fee waives the right to a jury trial in a civil case.

One (1) business day prior to the trial date, the jury deposit fee must be receipted by the Clerk’s Office by noon. This jury deposit fee (as listed in the Court’s most recent Schedule of Court Courts), shall be used to pay the prospective jurors who have been called in response to the jury demand. The jury deposit fee will not completely cover the juror expense. The remainder of the juror expense will be added to the court costs of the case at hand. In the event either deposit fee or the demand fee is not made, this shall be deemed a waiver of the right to a trial by jury in the civil case. A person determined to be indigent may petition the Court for a waiver of the jury deposit requirement. No deposit shall be required of a party in a criminal/traffic case.

WARNING

Applies to

Complaint

A check submitted to pay filing costs may cover no more than five complaints.

No more than five (5) complaints shall be filed per check submitted to pay for the costs of the filing of such complaints.

WARNING

Applies to

Printed copy

Users must pay the rates permitted by law for printed copies of documents.

Users shall be charged for printed copies of documents at rates permitted by law.

WARNING

Applies to

Jury trial

If a civil case settles on the jury-trial date, all lawful costs are assessed against the party who requested the jury unless a consent entry provides otherwise.

If a civil case is settled on the date of the jury trial all lawful costs shall be assessed against the party who requested the jury, unless otherwise agreed by consent entry.

WARNING

Applies to

Jury trial

If no jury has been sworn and a criminal defendant fails to appear without good cause, that morning’s juror costs may be included in the costs of prosecution.

ORC § 2947.23(A)(2)(b) effective May 18, 2005, provides that if a jury has not been sworn at the trial of a criminal case, and the defendant fails to appear without good cause, the costs incurred for that morning’s jurors for that particular trial may be included in the costs of prosecution.

WARNING

Applies to

Jury trial

Costs associated with summoning a jury, as set by the Court’s current cost schedule, are assessed to the party requesting the jury trial.

Those costs associated with the summoning of a jury as set by the Court’s most recent Schedule of Costs, shall be assessed to the party requesting the jury trial.

WARNING

Applies to

Jury trial

For multiple criminal/traffic trials set on the same date, the judge assesses individual jury-service payments in light of the parties’ agreement, which governs whether costs are assessed to the defendant or the State or City, subject to the stated exceptions.

In cases where multiple criminal/traffic trials are set for the same date, the individual jury service payment shall be assessed at the discretion of the judge per agreement of the parties. If the agreement is the defendant is to pay costs, all court costs shall be assessed to the defendant unless otherwise agreed. If the agreement is that the State or the City pay costs, the cost of summoning the jury, as well as other court costs, including the cost of paying juror fees will be assessed to the State or City based on the complaint in the file unless amended, unless otherwise agreed by the parties.

WARNING

Applies to

Jury trial

If jury-summoning costs are assessed against the defendant, they must be paid to the public treasury from which the jurors were paid.

If the costs incurred in summoning jurors are assessed against the defendant, those costs shall be paid to the public treasury from which jurors were paid.

WARNING

Applies to

Jury trial

When multiple civil trials are set for the same date, jury costs are assessed to the last case settled on the trial date.

In cases where multiple civil trials are set for the same date, jury costs shall be assessed to the last case settled on the date of the jury trial, as substantial efforts have been made by the Court to have all issues resolved prior to trial.

INFO

Applies to

Writ of restitution

After the motion is granted, the plaintiff may pay the fee set by the most recent cost schedule for the Writ and schedule a set-out.

Upon the granting of the motion, plaintiff may remit the fee established by the most recent cost schedule for the Writ and schedule a set-out.

INFO

Applies to

Facsimile filing

No additional fee is assessed for facsimile filings.

No additional fee shall be assessed for facsimile filings.