Rocky River Municipal Court, Ohio Filing Fees and Waivers

CRITICAL

Applies to

Jury demand

In a civil case, failure to pay either the jury deposit fee or demand fee is deemed a waiver of the right to a jury trial.

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.

CRITICAL

Applies to

Jury demand

A jury demand fee set by the court’s current 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 Administrative Journal Entry/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 said Administrative Entry shall accompany said pleading.

CRITICAL

Applies to

Fax or email filing

A fax or email filing that requires a fee will not be accepted until costs and fees are paid by credit or debit card, with complete authorization information and compliance with applicable rules.

No document filed by facsimile or email that requires a filing fee at the time of filing shall be accepted by the clerk for filing until court cost and fees have been paid by a credit or debit card (VISA, Discover, or MasterCard). The forms necessary for the authorization of payment by credit card shall be available at the Clerk’s Office during normal business hours and are accessible online at www.rrcourt.net. Documents tendered to the clerk without payment of court cost and fees, or with incomplete information on the charge authorization or request, or which do not conform to applicable rules will not be filed.

CRITICAL

Applies to

Jury deposit

The jury deposit fee, set by the court’s current schedule, must be receipted by the Clerk’s Office by noon one business day before trial; any remaining juror expense is added to the case costs.

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.

CRITICAL

Applies to

Civil filing

Civil filings require the security costs specified in the civil costs schedule, subject to court-ordered or legal exemptions; a judge 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 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 assigned to the case.

CRITICAL

Applies to

Motion to certify case

A motion to certify must include a check or money order payable to the Court of Common Pleas for at least the specified security-cost amount.

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

Transferred case

A case transferred to this court will not be filed and docketed until sufficient security for costs has been deposited.

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

Normal filing fees and case payments are collected by user credit card when the filing is processed, and the Clerk may assess a credit-card surcharge in an amount it determines.

The Clerk of Court shall assess normal filing fees and case payments will be collected via user credit card at the time the filing is processed. Pursuant to §301.28(E) and (F) of the Ohio Revised Code, a surcharge for credit card use may be assessed in an amount to be determined by the Clerk of Court.

CRITICAL

Applies to

Jury demand

In civil cases, the jury-demand cost is due when the demand is made and the jury deposit is due by noon the day before trial; the costs may be waived upon evidence of indigency and approval by the assigned judge.

B. The party demanding the jury in a civil case shall pay the Jury Demand Civil Cost at the time the demand is made and the Jury Deposit Civil Cost no later than noon on the date 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 assigned to the case.

CRITICAL

Applies to

Venue change transfer

Before a venue-change transfer, all costs must be paid and a check payable to the transferee court for sufficient security costs must be deposited with the clerk.

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.

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.

WARNING

Applies to

Jury trial

For multiple criminal or traffic trials set on the same date, the judge assesses jury-service payments according to the parties’ agreement and the prosecution’s motion, with costs allocated to the defendant or State/City as specified, 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. Ultimately, said costs will be assessed based on the motion of the prosecution. 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

The Court does not maintain electronic billing or debit accounts for lawyers or law firms.

The Court shall not maintain electronic billing or debit accounts for lawyers or law firms.

WARNING

Personal checks are not accepted.

No personal checks will be accepted.

WARNING

Applies to

Jury demand

Jury costs need not be prepaid in criminal/traffic cases.

There is no prepayment of jury costs in criminal/traffic cases.

WARNING

Applies to

Jury trial

The party requesting a jury trial is assessed the jury-summoning costs set by the court’s current schedule.

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

WARNING

Applies to

Jury deposit

An indigent person may petition for waiver of the jury deposit, and parties in criminal or traffic cases are not required to pay it.

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

Jury trial

If a civil case settles on the jury-trial date, all lawful costs are assessed against the party requesting 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

The Selective Intervention Diversion Program has a diversion fee.

There is a diversion fee for the program.

WARNING

Applies to

Jury trial

If a criminal defendant fails to appear without good cause before the jury is sworn, costs for that morning’s jurors may be included in prosecution costs.

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

Dismissal

A defendant whose charges are dismissed after successful completion of the diversion program must pay the associated court costs.

The defendant shall pay the court costs associated with the dismissal.

INFO

Applies to

Jury trial

If a jury has been sworn in a civil case, juror fees are paid from the public treasury from which the jurors were paid.

If a jury has been sworn at the trial of a civil case, the fees of the jurors shall be paid to the public treasury from which the jurors were paid.

INFO

The parties are not charged for mediation services.

F. FEES AND COSTS - Mediation services are provided at no cost to the parties.

INFO

Applies to

Court costs

Court-cost schedules for criminal/traffic and civil/small-claims cases are set by administrative order and are available from the Clerk or the Court’s website.

The schedules of court costs for criminal/traffic cases as well as for civil/small claims cases are set by administrative order. The schedules are available at the Clerk of Court’s office and are posted on the Court’s website at www.rrcourt.net.

INFO

Applies to

Facsimile filing

No additional fee is charged for facsimile filings.

No additional fee shall be assessed for facsimile filings.

CRITICAL

Applies to

Jury demand

A movant must comply with Local Rule 29 for jury demands and pay all required fees and deposits.

The movant must comply with Local Rule 29 regarding jury demands and all required fees and deposits must have been paid.