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

CRITICAL

Applies to

Civil action or proceeding filing

Civil actions and proceedings require a cost deposit before filing unless an affidavit of inability to prepay or give security is approved.

Unless an affidavit of inability to prepay or give security for costs is approved, no civil actions or proceedings shall be accepted for filing by the Clerk unless the party or parties offering the same for filing shall first deposit a sum of money to secure the payment of costs.

CRITICAL

Applies to

Service by publication

A party seeking service by publication must deposit the Court-scheduled amount with the Clerk as security for publication costs, in addition to other required cost deposits.

In any action when service is to be made by publication, the party seeking service by publication shall deposit with the Clerk of Courts, as security for the publication costs, the sum set forth in the Schedule of Fees periodically adopted by the Court. This deposit shall be in addition to any and all other deposits for costs required by these rules.

CRITICAL

If the parties do not agree on payment of the investigator’s report costs, the moving party must deposit sufficient funds with the Clerk unless the Court orders otherwise.

In the absence of an agreement, the moving party shall make a deposit with the Clerk of Court of sufficient funds (as set by the Court) to pay for the report (unless the court orders otherwise).

CRITICAL

Each party must pay the appropriate seminar fee unless the Court waives it by order for good cause shown.

Each party shall pay the appropriate fee unless, upon Court Order for good cause shown, the fee is waived.

CRITICAL

Fee

$200

Applies to

Order of sale

The proponent of an Order of Sale must pay a $200 publication-cost deposit when filing the Order of Sale.

An additional cost deposit toward publication costs of $200.00 shall be paid by the proponent of the Order of Sale at the time of the filing of the Order of Sale.

CRITICAL

Applies to

Electronically delivered document requiring court cost deposit

The Clerk will not accept an electronically delivered document requiring a court-cost deposit without payment, and documents lacking required costs or rule compliance may not be filed.

No document delivered by electronic methods that requires a court cost deposit shall be accepted by the Clerk for filing. Documents tendered to the Clerk without payment of court cost and fees, or which do not conform to applicable rules, may not be filed.

WARNING

Cost deposit amounts are periodically determined by the Court and published by the Clerk, and may change over time, subject to applicable law.

Except as otherwise provided by law, when applicable, such advanced deposits shall be as periodically determined by the Court and published by the Clerk of Courts. The current cost deposit amounts (which may change from time to time) are attached hereto and incorporated herein.

WARNING

Waiving a cost deposit does not prevent the Court from assigning costs later.

Waiving a deposit does not preclude the Court from later assigning costs.

WARNING

At the conclusion of a matter, the Court ordinarily enters an order allocating costs; parties are encouraged to resolve costs in an agreed disposition, and the initiating party remains responsible for paying costs due while retaining the right to seek reimbursement.

Upon conclusion of a case, motion or other matter pending before the court, an Order will ordinarily be entered concerning which party shall bear the costs incurred. Where an agreed disposition of the matter is reached, the counsel and/or parties are encouraged to resolve the issue of the payment of court costs. In the absence of any agreement, the Court shall make such Orders as shall be deemed appropriate regarding payment of court costs. Regardless of an allocation of costs by agreement or Order, the party initiating the case, motion or other matter is responsible for paying the costs due and is then entitled to seek reimbursement from the other party/parties.

WARNING

Calculating and billing court costs will be the responsibility of the Clerk of Courts and payment should be made to the Clerk of Courts within 30 days after the date of the statement.

Calculating and billing court costs will be the responsibility of the Clerk of Courts and payment should be made to the Clerk of Courts within 30 days after the date of the statement.

WARNING

Applies to

Pleading

Electronic delivery and filing of pleadings carries no additional fee, but customary printing or copying charges for documents distributed by the Clerk still apply.

No additional fee shall be assessed for electronic delivery and filing of pleadings. However, customary charges for the printing and /or copying of any documents which must be distributed by the Clerk of Court shall still be charged (eg. Final Appealable Orders, pleadings directed by the Court to be sent by the Clerk, etc.)

INFO

Counsel and parties are encouraged to periodically check with the Clerk for changes to cost deposit amounts.

Counsel and parties are encouraged to periodically check with the Clerk of Courts to determine if any changes have been made.