Rule 10 Deposit for costs

Parties instituting proceedings shall be required by the Clerk to deposit security for costs. See Policy 1, Deposits and Service by Mail and Posting, for deposit requirements and general filing requirement.

If the costs are not paid upon the filling of the final journal entry in this Court any deposit shall be applied by the clerk to the unpaid costs. The clerk shall apply the deposit for costs to the costs in the case regardless of the party against whom the costs are assessed. The clerk shall thereupon assess the costs against the proper party, and notify and bill such party, reimbursing the Court cost deposit upon receipt of the costs.

If it is brought to the attention of the Assigned Judge by the Clerk that any deposit is insufficient, the Assigned Judge or the Clerk may require the deposit for the complaint or cross claimant to be increased from time to time, so as to secure all costs that may accrue in the case.

When a judgment is granted in a civil case "plus costs" in favor of the prevailing party, said prevailing party shall first pay the costs and shall have a judgment for the amount so paid against the losing party.

Where a litigant seeks to file papers for which a deposit would otherwise be required and shows by affidavit that the litigant is unable to pay or secure costs, the clerk shall receive and file the papers without such deposit or security. However the Clerk may request the Court to review any such case offered for filing before receiving and filing the same without deposit or security. Filing a case without the requirement for a deposit shall not eliminate the responsibility to pay costs assessed in the proceeding.

©2010 Washington County
ALL RIGHTS RESERVED