Athens County Court of Common Pleas, Ohio Filing Fees and Waivers

CRITICAL

Applies to

Document submitted for e filing

In mandatory e-File case types, deposits, filing fees, and other costs must be paid by credit or debit card when the document is submitted for e-Filing.

In all mandatory e-File case types deposits as security for costs, filing fees, and all other costs shall be paid by credit card or debit card at the time a document is submitted for e-Filing.

CRITICAL

Applies to

Pro se filings

The Clerk will process pro se documents when the litigant has provided an email address and submitted proper payment of required deposits and/or filing fees.

2.. For those pro se litigants who have provided an email address AND have submitted proper payment of deposit and/or filing fees, the Clerk will process the documents and scan-in and upload the submitted documents to the Clerk's case management system on the pro se party's behalf.

CRITICAL

Fee

100

Applies to

Garnishment proceeding

A $100 filing fee is required in garnishment proceedings.

A filing fee of $100.00 shall be required in garnishment proceedings

CRITICAL

Applies to

Filing fee

The listed entities are exempt from prepaying filing fees in domestic relations cases.

Entities that are exempt from pre-paying filing fees in domestic relations cases include: 1. Athens County Child Support Enforcement Agency 2. Legal Aid of Central and Southeastern Ohio (formerly known as SEOLS) 3. Court-appointed Counsel

CRITICAL

Applies to

Transcript

A party requesting a transcript must deposit security for its costs in an amount determined by the court reporter or designee.

In any cause in which a transcript of the proceedings is requested by a party, such party shall deposit with the court reporter, or other person designated by the judge, security for the costs of said transcript. The deposit amount shall be determined by the court reporter or such person after consideration of the nature and amount of work required.

CRITICAL

Deposits, filing fees, and other costs in e-Filing case types must be paid by credit card when the document is submitted for e-Filing.

In all e-Filing case types, deposits as security for costs, filing fees and all other costs shall be paid by credit card at the time a document is submitted for e-Filing.

CRITICAL

After proper notice, an indigent party whose affidavit is rejected must pay applicable filing fees and the security deposit or the case will be dismissed.

In the event the affidavit of indigency is rejected by the assigned judge or magistrate and, after proper notice, the indigent party fails to pay the applicable filing fees and deposit as security for costs, the case will be dismissed.

CRITICAL

Applies to

Pro se documents

Required deposits and filing fees must be paid for the Clerk to process pro se documents under this provision.

However, the Clerk may process, subject to Clerk review, pro se documents including Notices of Appeals to initiate an appeal, provided that the required deposit and/or filing fees have been paid.

CRITICAL

If the stated income and asset criteria are met and the application is approved, the clerk must waive the advance deposit or security.

The judge or magistrate shall approve the application if the applicant's gross income does not exceed one hundred eighty-seven and five-tenths per cent of the federal poverty guidelines as determined by the United States department of health and human services for the state of Ohio and the applicant's monthly expenses are equal to or in excess of the applicant's liquid assets as specified in division (C)(2) of section 120-1-03 of the Administrative Code, as amended, or a substantially similar provision. If the application is approved, the clerk shall waive the advance deposit or security and the court shall proceed with the civil action or proceeding.

CRITICAL

Fee

1

Applies to

Most filings

Most filings in married-with-support cases are subject to a $1.00 court cost fee per page.

Per page court cost fee for most filings (i.e. Affidavits, Notice of Hearings, Notice of Appearance, Motions)- --$1.00

CRITICAL

The deposit is due at filing unless the Court determines that the party qualifies as indigent under R.C. 2323.311.

This deposit shall be paid at the time of filing, unless the Court determines that the party qualifies as an indigent litigant as set forth in R.C. 2323.311.

CRITICAL

Applies to

Document submitted for e filing

An eligible government agency or entity must clearly identify its entitlement to defer or avoid required filing deposits or prepayments in its e-filed documents.

If a filer is a government agency or other entity from which pre-payments are not required by statute, rule or practice, the documents submitted for e-Filing by that filer must include a clear indication that they are filed by, or on behalf of, an agency or entity entitled to deferral of, or exemption from, the payment of deposits as security for costs or pre-payments that would otherwise be required in connection with the filing.

CRITICAL

Fee

4

Applies to

Filing requiring judicial signature

Child support filings requiring a judge's or magistrate's signature are subject to a $4.00 fee per page.

Per page for anything that requires the signature of a Judge or a Magistrate (including Magistrate's Orders and Decisions) -$4.00

CRITICAL

When pro se parties file paper documents, deposits, filing fees, and other costs must be paid at filing by credit card, debit card, or another method approved by the Clerk.

When paying pro se parties file paper documents, deposits as security for costs, filing fees and all other costs shall be paid by credit card, debit card or by any other method approved by the Clerk at the time a document is submitted for filing.

CRITICAL

Fee

1

Applies to

Most filings

Most child support filings are subject to a $1.00 court cost fee per page.

Per page court cost fee for most filings (i.c. Complaints, Affidavits, Notice of Hearings, Notice of Appearance, Motions) -$1.00

CRITICAL

Fee

50

Applies to

CQE petition

A petitioner must deposit $50 as security for costs before the petition is accepted, but may seek a waiver with an Affidavit of Indigency or other relevant information, and a judge or magistrate may waive the deposit.

Before the Petition is accepted for filing, the Petitioner shall deposit as security for costs the amount of $50.00. The Petitioner may submit an Affidavit of Indigency or other relevant information for the Court's consideration if requesting the waiver of filing fees. A judge or magistrate may waive the deposit otherwise required by this Rule.

CRITICAL

Applies to

Pro se mailed paper filing

The Clerk will file mailed paper documents from a pro se party if they comply with other rules, including applicable deposit or filing-fee requirements.

If the Court or Clerk receives, via mail, paper documents to be filed from a pro se party, the clerk will file the documents provided they are in compliance with all other rules, including payment of deposit and/or filing fees.

CRITICAL

After an indigency application is denied, the applicant has 30 days to make the required deposit or security before dismissal or other action on the filing.

If the application is denied, the clerk shall retain the filing of the action or proceeding, and the court shall issue an order granting the applicant whose application is denied thirty days to make the required advance deposit or security, prior to any dismissal or other action on the filing of the civil action or proceeding.

CRITICAL

Individuals found indigent after filing an affidavit are exempt from prepayment but must follow a payment plan for their initial security deposit.

Individuals who have filed an affidavit of indigency and are found to be indigent are exempted from pre-pay filing but will be ordered to follow a payment plan to pay towards their initial security deposit.

CRITICAL

Fee

375

Applies to

Complaint

Filing a complaint in a married-with-support case costs $375.00.

Complaint filed-- -$375.00

CRITICAL

Qualifying prisoners and some pro se filers and government agencies need cost deferral, subject to validation by the Clerk or Court.

Prisoners and some pro se filers who qualify for indigent status, along with some government agencies, will need to have their costs deferred, and the Clerk and/or the Court will need to validate that those parties are in fact indigent or that they represent a qualifying government agency.

CRITICAL

Fee

200

Applies to

Civil action counterclaim crossclaim up to 5 defendants

A $200 security deposit is required for civil actions, counterclaims, and crossclaims involving up to five defendants, except in domestic-relations and foreclosure cases.

A deposit of $200.00 is required as security for costs to initiate a civil action, counterclaim and crossclaim (up to 5 Defendants and $225.00 for six Defendants or more) except in domestic relations cases and foreclosure cases.

CRITICAL

Applies to

Document filing

Pro se filers must pay deposits, filing fees, and other costs when they submit a document for filing.

Pro se filers shall pay deposits as security for costs, filing fees, and all other costs at the time a document is submitted for filing.

CRITICAL

Fee

125

Applies to

Case reopening

Reopening a child support case costs $125.00.

Reopening a case - -$125.00

CRITICAL

Applies to

Complaint or pleading

After a case is closed, the Clerk will not accept another complaint or pleading in that case if previously incurred costs remain unpaid, unless the costs are waived for indigency or the party is current on a payment plan.

Once a case is complete and closed out by the Clerk, no additional complaint/pleading will be accepted for filing by the Clerk where the party seeking the filing of said action has failed to pay costs previously incurred in that case unless costs are waived due to the indigency of the party or the party is current with their payment plan on said case.

CRITICAL

Applies to

New action in unrelated case

A new action in an unrelated case cannot be refused for filing because the party failed to pay costs in a previous unrelated case.

A new action in an unrelated case cannot be refused for filing for due to a party failing to pay on a previous unrelated case.

CRITICAL

Fee

$175

Applies to

Application or motion to reopen or modify order

Applications or motions to reopen a domestic relations case or modify an order require a $175 fee, except motions to modify parental rights require $275.

All applications or motions to re-open a domestic relations case, or to seek modification of any court order therein, shall be accompanied by a filing fee of $175.00, except that a filing fee of $275.00 shall be required for motions to modify parental rights.

CRITICAL

Fee

25

Applies to

Public defender or appointed counsel application

A person requesting a public defender or appointed counsel must pay a $25 upfront application fee per case.

All persons requesting a public defender or appointed counsel shall be assessed an up- front application fee of $25.00 per case, in accordance with R.C. 120.36.

CRITICAL

The appropriate deposit must be paid when the complaint or other pleading is filed, unless the party is determined to be indigent.

The appropriate deposit shall be made at the time of filing the complaint or other pleading with the Clerk of the Common Pleas Court, unless determined to be indigent.

CRITICAL

Applies to

Civil action or proceeding

After the applicant requests a waiver and the Court finds the applicant indigent, prepayment of costs or fees is waived, and the clerk must accept a civil action or proceeding filed with the required affidavit of indigency.

- Upon the request of the Applicant and the Court's review, the Court finds that the Applicant IS an indigent litigant and GRANTS a waiver of the prepayment of costs or fees in this matter. Pursuant to R.C. 2323.311(B)(3), upon the filing of a civil action or proceeding and the affidavit of indigency under division (B)(1) of this section, the clerk of the court shall accept the action, motion, or proceeding for filing.

CRITICAL

Fee

25

Applies to

CQE petition

A petitioner determined to be indigent remains responsible for a $25 administrative fee.

If a judge or magistrate determines that the Petitioner is indigent, the Petitioner is still responsible for an administrative fee of $25.00.

CRITICAL

Applies to

Pro se filings and notices of appeal to initiate an appeal

Required deposits and/or filing fees must be paid for the Clerk to process the specified filings.

2. However, the Clerk may process, subject to Clerk Review, pro se filings, and Notices of Appeals to initiate an appeal, provided that the required deposit and/or filing fees have been paid.

CRITICAL

Fee

$375

A filing fee of $375 is required in domestic relations cases with children, and $325 in cases without children.

A) A filing fee of $375 is required in all domestic relations cases with children and $325 in all domestic relations cases without children.

CRITICAL

Fee

600

Applies to

Foreclosure action up to 5 defendants

A $600 deposit is required to initiate a foreclosure action involving up to five defendants.

A deposit of $600.00 is required to initiate a foreclosure action (up to 5 Defendants and $625.00 for six Defendants or more).

CRITICAL

Applies to

Complaint or petition

B) The filing fee shall be made at the time of filing the complaint or petition with the Clerk of the Common Pleas Court.

B) The filing fee shall be made at the time of filing the complaint or petition with the Clerk of the Common Pleas Court.

CRITICAL

Pro se parties and non-parties must pay filing charges in the same manner as mandatory e-filers.

Pro se parties and non-parties shall pay for filing in the same manner as mandatory e-filers.

CRITICAL

Fee

$85

Applies to

Notice of appeal

Provide an $85 cost deposit with the notice of appeal unless the Court of Appeals waives it based on an affidavit of indigency or suitable substitute.

You must provide an $85.00 cost deposit with the notice of appeal. [Loc.R. 3] However, the Court of Appeals may waive the cost deposit if you file an affidavit of indigency or suitable substitute affirming your inability to pay the deposit. Costs still will be awarded in favor of the prevailing party when the Court of Appeals renders its decision.

CRITICAL

The Court adopts the Athens County Clerk of Court’s Table of Fees.

(A) The Court hereby adopts the Athens County Clerk of Court's Table of Fees and can be found on their website at https://www.co.athensoh.org/departments/clerk_of_courts/table_of_fees.php

CRITICAL

Fee

150

Applies to

Reopened civil action

A $150 deposit is required to reopen a civil action.

and a $150.00 deposit is required to re-open a civil action.

CRITICAL

Fee

4

Applies to

Filing requiring judicial signature

Filings in married-with-support cases requiring a judge's or magistrate's signature are subject to a $4.00 fee per page.

Per page for anything that requires the signature of a Judge or a Magistrate (including Magistrate's Orders and Decisions)-. -$4.00

CRITICAL

Fee

$0.25

Applies to

Service copy page

The Clerk charges $0.25 for each service-copy page produced and assesses the fee as costs against funds on deposit.

In those situations, the Clerk shall charge a fee of $0.25 per service copy page produced and shall assess those fees as costs against the funds on deposit.

CRITICAL

Applies to

Pleading

Costs remain assessed to the party filing a pleading even when prepayment is not required.

Costs are still assessed to the party filing a pleading even though prepayment is not required.

CRITICAL

Publication costs must be paid to the printer in advance, unless the party is declared indigent by court order.

These costs must be paid in advance to the printer and a copy of the receipt for said payment is to be submitted to the Clerk with the precipe for service and/or publication unless the party is declared indigent by Court order and therefore shall be exempted from this requirement.

WARNING

Fee

$6

Applies to

Transcript

An original written transcript costs $6.00 per page; additional transcripts may be copied at regular cost or provided electronically free of charge.

The Court fixes the compensation of court reporters for making written transcripts at $6.00 per page for an original transcript. For additional transcripts of the same testimony or proceedings, a court reporter shall either (1) make copies of the original transcript at regular cost or (2) provide an electronic copy free of charge.

WARNING

Additional costs may be assessed at the conclusion of the action in addition to the filing fee.

I understand that there may be further costs assessed to me at the conclusion of this action, above the required filing fee.

WARNING

Applies to

Public defender or appointed counsel application

The Court may waive the fee on motion showing that the applicant lacks the resources to pay or would suffer undue hardship.

The Court reserves the discretion to waive the fee upon motion demonstrating that the applicant lacks the financial resources to pay it or if payment would result in an undue hardship.

WARNING

The Court may require an insufficient deposit to be increased.

If it is brought to the attention of the Court that any deposit is insufficient, the court may require said deposit to be increased from time to time.

WARNING

The applicant may be ordered to pay $25 monthly until the filing fee is paid in full, unless the court excuses the payments.

I understand that I may be ordered to make monthly payments in the amount of $25.00 until the required filing fee is paid in full, unless excused by the Court.

WARNING

Applies to

Public defender or appointed counsel application

If the fee is not paid within the stated period, it will be assessed at sentencing or when the case closes.

Failure to pay the fee within this period shall result in assessment of the fee at sentencing or at the closing of the case.

WARNING

The authorized e-filing system must provide a method for electronic payment of deposits and fees and a process for filing an affidavit of indigency.

The authorized e-Filing System will establish a method for accepting payments of deposits and fees electronically, including the process for filing an affidavit of indigency.