Oakwood Municipal Court, Ohio Filing Fees and Waivers

CRITICAL

Applies to

Alias writ or order

An alias writ or order is permitted only after service of the original writ has failed and an additional deposit is made with the Clerk.

No alias writ or 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

Applies to

Affidavit

The required deposit must be made with 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 the filing of the affidavit.

CRITICAL

Applies to

Jury demand

A civil jury deposit is due when the jury demand is filed unless the Court orders otherwise; failure to make it timely waives a jury trial, an indigent person may petition for waiver, and criminal jury trials require no deposit.

For jury trials in civil cases, a deposit, as set out in the Court's cost schedule, shall be made at the time the jury demand is filed with the Court, unless otherwise ordered by the Court. The failure to timely make the deposit as required by Court order or rules of Court shall be deemed a waiver of the right to a trial by jury. A person determined to be indigent may petition the Court for a waiver of the jury deposit requirement. In criminal cases, no deposit shall be required for a trial by jury.

CRITICAL

Applies to

Small claim transfer

A small-claims transfer requires the defending party’s motion and affidavit and payment of the required filing costs before the transfer may be granted.

Upon filing of motion and affidavit by the defending party, as required by O.R.C. 1925.10, and upon payment of the required cost, the small claim may be transferred to the regular docket. No transfer will be granted until the filing costs are paid.

CRITICAL

When the bailiff must perform services involving property, a deposit sufficient to cover the probable charge 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 charge in each case.

CRITICAL

A document requiring a filing fee will not be accepted until the fee is paid in full.

If the document being filed by either party requires a filing fee, it will NOT be accepted by the Court until payment in full is made.

CRITICAL

Applies to

Satisfaction of judgment

All court costs must be paid before the Clerk may enter a satisfaction of judgment.

No satisfaction of judgment shall be entered by the Clerks unless and until all Court costs have been paid.

CRITICAL

Approved reasonable charges are taxed as action costs, and property seized under a writ or court process need not be released until the charges are approved and paid.

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

CRITICAL

The filing fee must be deposited before an action or proceeding is accepted, but the court must waive security for costs after an indigency affidavit and a finding of indigency.

No action or proceeding shall be accepted for filing by the Clerks unless there first shall be deposited the filing fee required by this Court in the Court's schedule of costs, except that upon representation by affidavit of indigency, the judge shall investigate the accuracy of any representation and upon finding that indigency does exist, the security for cost shall be waived.

CRITICAL

Correct filing fees, including any fee for a requested jury demand, must be paid to avoid rejection.

failure to pay correct filing fees, including those for a requested jury demand

CRITICAL

Applies to

Affidavit

The statutory fee for each garnishee must accompany the affidavit.

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

WARNING

Deposits and advance fee or cost payments may be returned only by court order and only if paid by the party against whom they were assessed.

Deposits and advance payments of fees and costs shall be returned only by order of Court and only when the same have been paid by the party against whom they are assessed by the Court.

WARNING

The Court may assess a fee for persons referred to diversion and may waive an administrative fee in its discretion, including for indigence and inability to pay.

(G) All persons referred to the pretrial diversion program may be assessed a fee. The Court, upon its own motion or upon request of prosecutor or defendant, may waive any administrative fee for any individual defendant who is indigent and unable to pay the fee or for other grounds in the exercise of the Court's discretion.