Table of Contents

Rules of the Court

Security of Costs

(A) Costs. 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 its 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 cost schedule and make it available for public review. Deposits and advance payments of fees and costs shall be returned only by order of the Court and only when the same has been paid by the party against whom they are assessed by the Court.

(B) Jury Costs. 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. Failure to timely make the deposit as required by Court order or rules of the 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.