Local Rules of Court

 

RULE 9 - Security for Costs

(A) No action or proceeding shall be accepted for filing by the clerk of court unless there first shall be deposited the filing fee required by this court in it's schedule of costs, except that upon representation by affidavit of indigency, the judge, magistrate or clerk of court shall investigate the accuracy of any representation and upon finding that indigency does exist, the security for cost shall be waived. The clerk of court shall maintain a costs schedule and made available for public review.

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.

The clerk of court shall maintain all schedules for costs, bonds, fines for applicable traffic and criminal citations, as well as any other fees to be assessed to a party in a case.

(B) 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.