Unless otherwise ordered by the court, costs in civil cases shall be assessed and payable upon filing according to the Schedule of Fees and Costs located in Appendix A at the end of the Dayton Municipal Court Rules of Practice. A Schedule of Fees and Costs is also prominently displayed in the Civil Division of the Clerk of Court. Copies of the Schedule of Costs may be made available upon request and payment of a reasonable fee.
Ohio Civ. R. 38 and 39 shall be followed. At the time of filing the civil jury demand, the party making the demand shall deposit the sum of eight hundred dollars ($800) with the Clerk unless a poverty affidavit approved by the court is filed in lieu of the monetary deposit. Failure to make the $800 deposit or to file the poverty affidavit within ten (10) days after filing the Jury Demand constitutes a waiver of trial by jury.
The praecipe (request) for subpoenas of witnesses in civil cases shall be filed with the Clerk not later than five (5) days (excluding intervening Saturdays, Sundays, and Holidays) before the date of trial. Where the praecipe for subpoenas is not filed in accordance with this rule, the failure of a witness to appear may not be grounds for a continuance of the case.
The Small Claims form provided by the Dayton Municipal Court shall be used for the filing of all small claims cases.
Upon the filing of any medical, dental, optometric, or chiropractic claim as defined in division (D) of O.R.C. 2305.11, if all the parties to the medical, dental, optometric, or chiropractic claim agree to submit it to nonbinding arbitration, the controversy shall be submitted to any arbitration board as provided below.
When the total probable amount due on a judgment has been paid in full to the judgment creditor, the judgment creditor shall prepare a combined Notice and Order to Discharge the Garnishee in triplicate to be signed by the judge and filed with the court. The Notice and Order shall be served upon the garnishee and the judgment debtor, pursuant to R.C. 2716.041.
The application for the appointment of a trustee shall include a complete and accurate statement, under oath, of:
Upon filing of an application, the Clerk shall become the trustee without formal order of the court. Objections of interested parties to the application shall be heard at the appearance call set by court. The filing of the application shall stay all proceedings against personal earnings of the applicant, provided that, if the order of attachment or the Order in Aid of Execution is served upon the employer or garnishee prior to the time of filing of the application, the personal earnings subject to the order of the court shall be paid to the Clerk of Court for distribution in the case of which said order was made. In the event the application is filed, prior to the time the order of attachment or Order in Aid of Execution is served upon the employer or garnishee, the personal earnings subject to the order of the court shall be ordered paid to the trustee.
Further, Mediation shall never be used:
As an alternative to the prosecution or adjudication of domestic violence;
To determine whether to grant, modify, or terminate a protection order;
To determine the conditions and terms of a protection order;
To determine the penalty for violating a protection order.
The Dayton Municipal Court has determined that, for the efficient operation of the Court, additional funds are necessary in order to provide mediation services to defendants in eviction and small claims cases. Starting November, 1, 2011, the Court shall charge a mediation service fee of $10.00 on the filing of each eviction and small claims case, in addition to other court costs, pursuant to R.C. 1901.26(B).
P.O. Box 10700
301 West Third Street
Dayton, OH 45402
Office hours for the Clerk of Court are 8:00am to 4:30pm, Monday through Friday, excluding holidays, for the acceptance of case filings and payments. Traffic and Criminal payments can also be paid online at www.paymyfine.org.
Clerk of Court: