Brown County Court of Common Pleas, General and Domestic Relations Division Filing Fees and Waivers

CRITICALCivil cases

Eligible arbitrators receive $500 for the first day and $300 for each fractional half-day thereafter; related cases count as one case for compensation, payment follows filing the report and award, costs are split equally between plaintiffs and defendants, and the Court may modify the amounts.

Each member of a panel who has signed an award or filed a dissenting opinion, unless waived in writing their right to compensation prior to the hearing, shall receive as compensation for his/her services in each case a fee of Five Hundred dollars ($500.00) for the first day, plus Three Hundred Dollars ($300.00) for each fractional half-day thereafter. When more than one case arising out of the same transaction is heard at the same hearing or hearings, it shall be considered as one case insofar as compensation of the arbitrators is concerned. The members of a board shall not be entitled to receive their fees until after filing the report and award with the Clerk of Courts. Fees paid to arbitrators shall be assessed pursuant to Section 2711.21 of the Ohio Revised Code and shall be taxed as costs, one-half to plaintiff(s) and one-half to defendant(s). These amounts of compensation set forth herein may be subject to modification by the Court in its discretion.

CRITICALCivil cases

Fee

800

In a medical malpractice action, plaintiffs must deposit $800 when filing the complaint and defendants must deposit $800 within 40 days, with the full deposit due no later than five days before the arbitration hearing.

In addition to the deposit required for Civil Actions by Local Rule 4 of these Rules, plaintiff(s) at the time of filing of the Complaint in a Medical Malpractice Action shall deposit Eight Hundred Dollars ($800.00) to guarantee the fees of the arbitrators, and within forty (40) days of the filing of the Complaint, defendant(s) shall deposit Eight Hundred ($800.00) as a like guarantee. But in no event shall the full deposit guarantee be deposited later than five (5) days before the date of the Arbitration Hearing.

CRITICALCivil cases

When arbitration lasts more than one day and additional deposits are required for arbitrator payment, the additional-cost deposit is due within five days after arbitration concludes.

In cases which require additional deposits for payment to the arbitrators due to the arbitration lasting more than one day, the deposit to cover the additional costs shall be made no later than five (5) days after completion of the arbitration.

CRITICALCivil cases

The panel chair must verify the deposit from four days before through five days after the hearing concludes and, if either side has not deposited, schedule a show-cause hearing through the Assignment Commissioner.

The chairman of the arbitration panel shall determine, not less than four days prior to and not more than five (5) days following completion of the arbitration hearing, that the proper deposit has been made. If no deposit has been made by one or both sides, the chairman shall, through the Assignment Commissioner, schedule a Show Cause Hearing before the Judge to determine why the plaintiff(s) and/or defendant(s) should not be held in contempt for failure to file the required deposit.

CRITICALCivil cases

When a plaintiff has filed a Poverty Affidavit or has an insufficient deposit and obtains an award, settlement, or judgment, defendants must first pay the unpaid plaintiff share of arbitrator compensation to the Clerk from that recovery; otherwise, unpaid compensation is paid from county funds upon proper warrant.

In all cases in which the plaintiff(s) has filed a Poverty Affidavit, or in which an insufficient deposit has been made to pay plaintiff(s) portion of the compensation due the arbitrators, and in which an award, settlement or judgment has been made in favor of the plaintiff(s), defendant(s) shall first pay to the Clerk of Courts out of such award, settlement or judgment before making any payment to the plaintiff(s), an amount equal to the un-deposited plaintiff(s) portion of the compensation due the arbitrators. Otherwise, all compensation for arbitrators not paid from costs shall be paid upon proper warrant from the funds of Brown County, Ohio.

CRITICALCivil cases

Fee

100

If settlement is reached or arbitration is waived fewer than 60 days before the scheduled hearing, each panel member must be paid $100 from the required deposit.

In all cases in which a settlement is reached or arbitration is waived fewer than sixty (60) days prior to the scheduled Arbitration Hearing, the panel members shall be paid $100.00 each from the deposit heretofore required.

CRITICALCivil cases

Applies to

Newspaper legal advertising

The placing agent must pay the publisher’s bill before the final publication and before a proof of publication is issued.

The placing agent will be required to pay the bill before the last publication is to run, and prior to any proof of publication issued.

CRITICALCivil cases

Fee

300

Each party in interest must pay a $300 mediation fee to the Clerk of Courts no later than ten business days before the scheduled mediation conference.

The mediation fee is $300 per party in interest. This fee shall be paid to the Clerk of Courts no later than ten (10) business days prior to the scheduled mediation conference.

CRITICAL

Fee

250

Applies to

Civil action

The deposit for a civil action with five or fewer defendants is $250.

Civil actions (five (5) defendants or less) $250.00

CRITICAL

Fee

10

Applies to

Civil action

Each defendant above five adds $10 to the deposit for costs.

Each additional defendant over five 10.00

CRITICAL

Fee

100

Applies to

Counterclaim or cross claim

A counterclaim or cross-claim in a civil action requires a $100 deposit.

Any counterclaim or cross-claim in a civil action 100.00

CRITICAL

Fee

55

Applies to

Cognovit

A cognovit filing requires a $55 deposit.

Cognovits 55.00

CRITICAL

Fee

150

Applies to

Action with service by publication

An action served by publication requires an additional $150 deposit beyond the regular deposit.

All action with service by publication, in addition to regular deposit for costs 150.00

CRITICAL

Fee

100

Applies to

Post decree civil motion

Post decree civil motions, Motion to Vacate, Revive or Modify 100.00 Judgment, Motion for Relief from Judgment

Post decree civil motions, Motion to Vacate, Revive or Modify 100.00 Judgment, Motion for Relief from Judgment

CRITICAL

Fee

75

Applies to

Appeal from other tribunal

An appeal from another tribunal requires a $75 deposit.

Appeals from other tribunals 75.00

CRITICAL

Fee

250

Applies to

Divorce alimony or annulment complaint

A divorce, alimony, or annulment complaint requires a $250 deposit.

Divorce, alimony or annulment – complaint 250.00

CRITICAL

Fee

250

Applies to

Dissolution petition

A dissolution petition requires a $250 deposit.

Dissolution Petition 250.00

CRITICAL

Fee

100

Applies to

Post decree domestic relations motion

The listed post-decree domestic relations motions require a $100 deposit.

Post decree domestic relations motions, Motion to Modify, Motion for Relief from Judgment, Motion for Order to Show Cause (contempt), Motion for Terminations 100.00

CRITICAL

Fee

150

Applies to

Objection

Objections require a $150 deposit.

Objections 150.00

CRITICAL

Fee

150

Applies to

Pre judgment attachment

A pre-judgment attachment requires a $150 deposit.

Pre-judgment attachment 150.00

CRITICAL

Fee

60

Applies to

Garnishment of non personal property

Garnishment of property other than personal earnings held by a third party requires a $60 deposit.

Garnishment of property other than personal earnings (property in the possession of a third-party) 60.00

CRITICAL

Fee

60

Applies to

Garnishment of personal earnings

Garnishment of personal earnings requires a $60 deposit.

Garnishment of personal earnings 60.00

CRITICAL

Fee

60

Applies to

Execution

An execution requires a $60 deposit.

Execution 60.00

CRITICAL

Fee

60

Applies to

Judgment debtor examination

A judgment debtor examination requires a $60 deposit.

Judgment Debtor Examination 60.00

CRITICAL

Fee

60

Applies to

Bond and care of property

The minimum deposit for bond and care of property is $60.

Cover cost for bond and care of property (minimum) 60.00

CRITICAL

Fee

150

Applies to

Replevin

A replevin action requires a $150 deposit.

Recovery of possession of specific personal property 150.00 (Replevin)

CRITICAL

Fee

500

Applies to

Foreclosure action

A foreclosure action requires a $500 deposit.

Foreclosure Action 500.00

CRITICAL

Fee

800

Applies to

Order of sale

An order of sale requires an $800 deposit.

Order of Sale 800.00

CRITICAL

Fee

500

Applies to

Medical malpractice action

A medical malpractice action requires a $500 deposit.

Medical Malpractice Action 500.00

CRITICAL

Fee

500

Applies to

Jury demand

A jury demand requires a $500 deposit.

Jury Demand $500.00

CRITICAL

Applies to

Jury demand

The jury-demand deposit must be paid by the date of the final pretrial.

The deposit for jury demand shall be paid by the date of the final pre-trial.

CRITICAL

Applies to

Motion

NOTE: If motions fall into more than one category, the deposit for costs will be the sum total of all categories, but not to exceed $75.00 for any one filing.

NOTE: If motions fall into more than one category, the deposit for costs will be the sum total of all categories, but not to exceed $75.00 for any one filing.

CRITICAL

Applies to

Motion to proceed in forma pauperis

A domestic relations litigant claiming indigency must file an in forma pauperis motion with a supporting Poverty Affidavit and Financial Disclosure/Affidavit of Indigency.

Domestic Relation Cases: In the event of claimed indigency, said indigent shall file a Motion to Proceed in Forma Pauperis accompanied by a Poverty Affidavit in support thereof along with a Financial Disclosure/Affidavit of Indigency.

CRITICAL

Applies to

Motion to proceed in forma pauperis

An application to proceed in forma pauperis requires Court approval.

The application to proceed in Forma Pauperis is subject to Court approval.

CRITICAL

Applies to

Additional security for costs

Failure to provide required additional security may result in dismissal on the Court’s own motion.

Failure to comply may result in case dismissal by the Court on its own motion.

CRITICAL

Applies to

Final decree or order

A final decree or order cannot issue until all costs are paid or a proper in forma pauperis affidavit is filed and approved.

No final decree or order shall issue unless all costs are paid or a proper Affidavit in Support of Request to Proceed in Forma Pauperis is filed and approved by the Court.

CRITICAL

Applies to

Security for costs in transferred case

Cases transferred to the Common Pleas Court in which the demand of the counterclaim or the cross-complaint exceeds the monetary jurisdiction of any other jurisdiction, the counterclaimant or cross-complainant shall, within ten (10) days of docketing the case, post security for costs in a sum equal to the amount

Cases transferred to the Common Pleas Court in which the demand of the counterclaim or the cross-complaint exceeds the monetary jurisdiction of any other jurisdiction, the counterclaimant or cross-complainant shall, within ten (10) days of docketing the case, post security for costs in a sum equal to the amount

CRITICAL

Applies to

Counterclaim or cross claim

A counterclaim or cross-claim filed without required additional cost security is subject to dismissal if the filer does not promptly post it after clerk notification.

4.4 In cases where a counterclaim or cross-claim is filed without the posting of the additional security required by this Local Rule, the clerk shall immediately notify the person filing such pleading of the additional security required herein and, on the failure of such person to forthwith post such additional security for costs, such counterclaim or cross-claim shall be subject to dismissal by the Court on its own motion.

CRITICAL

Fee

45 dollars

Applies to

Filing of action

A $45 special works fund assessment is collected when every criminal and civil action is filed.

4.7 (A) A fee in the amount of forty-five dollars ($45.00) shall be collected as an assessment for the special works fund on the filing of every criminal and civil action and the Clerk of this Court is hereby directed to charge this fee in accordance with this Local Rule.

CRITICAL

Fee

250 dollars

Applies to

Filing of foreclosure action

A $250 special works fund assessment is collected when every foreclosure action is filed.

(B) A fee in the amount of two hundred fifty dollars ($250.00) shall be collected as an assessment for the special works fund on the filing of every foreclosure action and the Clerk of this Court is hereby directed to charge this fee in accordance with this Local Rule.

CRITICAL

Fee

800 dollars

Applies to

Praecipe for order for sale

Filing a praecipe for order for sale requires an $800 deposit to ensure payment of costs regardless of the Sheriff's sale outcome.

4.8 (A) When filing a praecipe for order for sale with the Clerk of Courts, a deposit of $800.00 will be required. This will ensure payment to all parties incurring costs, regardless of the outcome of the Sheriff's sale.

CRITICAL

Fee

100 dollars

Applies to

Motion for expungement

A $100 fee is charged for filing a Motion for Expungement and collected by the Clerk of Courts for disbursement of the investigation fee into the Probation Fund.

4.9 Anyone filing a Motion for Expungement shall be charged $100.00. The Clerk of Courts shall collect such fees, and they shall disburse the investigation fee into the Brown County Court of Common Pleas Probation Fund.

WARNINGCivil cases

If multiple defendants cannot agree on their respective shares of the deposit, the assigned Judge will apportion it upon proper motion.

If there are multiple defendants and they cannot agree as to their proportionate share of the deposit, upon proper motion, the Judge to whom the case is assigned shall order the apportionment.

WARNINGCivil cases

The Court may order additional deposits when it appears proper.

When it appears proper, the Court may order additional deposits.

WARNINGCivil cases

The Judge authorizes fee payments by Court Entry using a form provided by the Assignment Commissioner.

Payment of fees shall be authorized by the Judge via Court Entry on a form to be provided by the Assignment Commissioner.

WARNINGCivil cases

Applies to

Newspaper legal advertising

If the advertising fee is to be included in court costs, the placing agent should immediately forward the paid bill to the Clerk of Courts.

Once the bill is paid, the placing agent should forward the paid bill to the Clerk of Courts immediately if the fee is to be included in the court costs.

WARNING

Applies to

Extra copies of pleadings or other papers

Upon request, the clerk furnishes extra copies of pleadings or other papers upon payment of the usual fee or, if no fee is fixed by law, another cost.

The clerk shall, upon request, furnish extra copies of pleadings or other papers upon the payment of the usual fee or other cost, if no fee is fixed by law.

WARNINGCivil cases

If the mediation fee is not paid to the Clerk of Courts, the Court may impose sanctions, including attorney’s fees and costs or contempt, at the Judge’s discretion.

If the mediation fee is not paid to the Clerk of Courts, the Court may impose sanctions that may include, but are not limited to, the award of attorney’s fees and other costs, contempt, or other appropriate sanctions at the discretion of the Judge.

WARNING

Fee

25

Applies to

Home investigation

A home investigation when children are involved requires a $25 deposit.

Home Investigation (with children) 25.00

WARNING

Applies to

Arbitration

The arbitration fee is set by the Court case by case.

Arbitration fee (set by the Court on a case by case basis) ----------

WARNING

Fee

38

Applies to

Certificate of judgment lien

A certificate of judgment lien relating to a civil judgment in this Court costs $38.

Certificate of Judgment Lien (Relating to a civil judgement 38.00

WARNING

Fee

33

Applies to

Certificate of judgment lien

A certificate of judgment lien relating to a civil judgment in another Court costs $33.

Certificate of Judgment Lien (Relating to civil judgement in 33.00

WARNING

Fee

38

Applies to

Release of judgment tax lien

Releasing a State of Ohio judgment tax lien costs $38.

Release of State of Ohio Judgment Tax Lien 38.00

WARNING

Fee

33

Applies to

Release of judgment tax lien

Releasing a judgment tax lien from a state other than Ohio costs $33.

Release of State (other than Ohio) Judgment Tax Lien 33.00

WARNING

Fee

5

Applies to

Release of personal judgment lien

Releasing a personal judgment lien costs $5.

Release of personal Judgment Lien 5.00

WARNING

Fee

100

Applies to

Verified petition for lost vehicle title

A verified petition for a lost vehicle title requires a $100 deposit.

Verified Petition (for lost vehicle title) 100.00

WARNING

Fee

50

Applies to

Certificate of qualification of employment

A certificate of qualification of employment costs $50.

Certificate of Qualification of Employment 50.00

WARNING

Fee

50

Applies to

Probation investigation for sealing of record

A probation investigation for sealing a record costs $50.

Probation investigation for sealing of record 50.00

WARNING

Fee

50

Applies to

Sealing of record

Sealing a record costs $50.

Sealing of Record 50.00

WARNING

Fee

150

Applies to

Foreign subpoena

A foreign subpoena requires a $150 deposit.

Foreign Subpoena 150.00

WARNING

Applies to

Jury demand

If multiple parties request a jury trial, the deposit is assessed proportionately.

If multiple parties request a jury trial, the deposit will be assessed proportionately.

WARNING

Applies to

Jury demand

The Court may modify the jury-demand deposit based on the trial’s complexity and duration.

The Court may modify the required deposit based upon the complexity and duration of the trial.

WARNING

Applies to

Motion to proceed in forma pauperis

The Clerk of Courts must forward the in forma pauperis motion and associated papers for review immediately upon receipt.

The Clerk of Courts shall forward the motion and papers associated to the Magistrate or Judge for review immediately upon receipt.

WARNING

Applies to

Additional security for costs

When the initial deposit reaches $25 or less, the Clerk may require additional security of up to $175 to secure costs.

Whenever the initial deposit for costs reaches $25.00 or less, the Clerk of Courts is hereby authorized to require the moving party to deposit with the Clerk of Courts additional security in an amount not to exceed $175.00, which is necessary to adequately secure costs.

WARNING

If a defendant or respondent fails to appear, the plaintiff or other moving party is responsible for court costs, though the Court may order reimbursement from the absent party.

In cases where a defendant/respondent fails to appear, the plaintiff or other moving party shall be responsible for the Court costs (Note: the Court, in its discretion, may order that plaintiff or other moving party be reimbursed for costs from the defendant/respondent).

WARNING

The clerk may require advance payment of an additional amount estimated to cover increased service costs when service other than certified mail is requested.

4.5 In cases where service other than certified mail is requested, the clerk may require the party requesting such service to advance an additional amount estimated by the clerk to be sufficient to cover the increased costs thereof.

WARNING

If the property is not sold at a Sheriff's sale, the deposit pays incurred costs, unused funds are returned, uncovered costs are billed to the depositor, and disbursement follows journalization of an order terminating or vacating the sale.

(C) If the property is not sold through a Sheriff's Sale, the security deposit will be used to pay any incurred costs. Any amount of the security deposit not used will be returned to the depositor. Any costs not covered by the security deposit will be billed to the depositor. The security deposit will be disbursed upon journalization of an entry either terminating or vacating a Sheriff's sale.

WARNING

Applies to

Motion and entry to terminate or vacate sheriffs sale

(D) When filing a Motion and Entry to terminate or vacate a Sheriff's Sale, the Motion and Entry should first be presented to the Clerk of Courts office to be cost out before presenting the Motion and Entry to the Court for signature and journalization.

(D) When filing a Motion and Entry to terminate or vacate a Sheriff's Sale, the Motion and Entry should first be presented to the Clerk of Courts office to be cost out before presenting the Motion and Entry to the Court for signature and journalization.

WARNING

Personal checks are not accepted on criminal cases.

Personal checks will not be accepted on criminal cases.

WARNING

The Clerk of Courts will not accept payment in loose or rolled coins exceeding $3.00.

The Clerk of Courts will not accept payment in coins (loose or rolled) exceeding $3.00.

INFO

Fax transmissions incur no additional costs or fees, except when the filing is taxed as a cost to the case.

There are no additional costs or fees related to facsimile transmissions except to the extent that the filings are taxed as cost to any case.

INFO

Unused Court costs are returned to the attorney of record, or to the party if there is no attorney of record.

4.6 Return of unused Court costs shall be to the appropriate attorney of record or to the party if there is no attorney of record.

INFO

If the property is sold at a Sheriff's sale, the security deposit is returned to the depositor for disbursement upon journalization of a decree of confirmation.

(B) If the property is sold through a Sheriff's sale, the security deposit will be returned to the depositor to be disbursed upon journalization of a decree of confirmation.

INFO

4.10 Payment will be accepted in the form of cash, money order, personal, or certified check.

4.10 Payment will be accepted in the form of cash, money order, personal, or certified check.