Henry County Court of Common Pleas, General Division Filing Fees and Waivers

CRITICAL

Applies to

Uniform standardized form

The Clerk of Courts must accept unaltered, properly completed Supreme Court of Ohio Uniform Standardized Forms for filing when any applicable filing fee is paid.

All forms approved by the Supreme Court of Ohio as part of their Uniform Standardized Forms shall be accepted for filing by the Clerk of Courts provided the forms have not been altered, are properly completed and have the filing fee, if applicable.

CRITICAL

Unless an in forma pauperis motion is accepted or the Court waives the deposit, filings made without the required court-cost deposit may be summarily stricken.

B Unless a motion to proceed In Forma Pauperis is filed and accepted by the Court or the Court waives deposit for costs, any document, pleading, motion, request, objection, petition or complaint filed without payment of the court cost deposit to the Clerk, as listed in Appendix B, may be summarily stricken by the Court.

CRITICAL

If a cost-deposit check or other negotiable instrument is dishonored, the Court may dismiss the filing after giving the filer ten days’ notice to pay the required security for costs.

C If a check or other negotiable instrument for deposit for costs is dishonored for any reason, the filing may be dismissed by the Court after ten (10) days notice is given to the filer for failure to pay the required security for costs.

CRITICAL

If a cost deposit becomes insufficient, the Clerk must require the appropriate parties to make an additional deposit sufficient to cover reasonably anticipated costs.

D If at any time the deposit for costs becomes insufficient in any case, the Clerk shall require of the appropriate parties an additional deposit in an amount sufficient to secure the reasonably anticipated costs.

CRITICAL

Applies to

Initial order of sale

When the county sheriff is ordered to conduct a judicial sale of real property, counsel must post the Appendix B deposit with the initial Order (Praecipe) of Sale; the Clerk pays it to the website vendor upon written invoice.

In all cases in which the county sheriff is ordered to conduct a judicial sale of real property, counsel shall post a deposit as set forth in Appendix B at the time of filing an initial Order (Praecipe) of Sale. The deposit constitutes the current license fee charged for the use of the Public Sheriffs Sale Website pursuant to ORC §2329.153. The deposit will be paid by the Clerk of Courts to the vendor of the Public Sheriffs Sale Website upon written invoice.

CRITICAL

Fee

$75

Applies to

Cancellation of sheriffs sale

A party that cancels a sheriff’s sale after an Order of Sale issues, except for a bankruptcy action, must pay a $75 cancellation fee.

In the event a party cancels a Sheriffs sale (after Order of Sale has issued) for any reason other than a bankruptcy action, a cancellation fee of $75.00 shall be assessed against the party cancelling said sale.

CRITICAL

The Clerk of Courts must secure a deposit for costs before processing and serving subpoenas requested by an out-of-state litigant.

The Clerk of Courts shall secure a deposit for costs before processing and serving the subpoenas as required by the out-of-state litigant.

CRITICAL

Applies to

Certificate of qualification for employment petition

The petitioner must pay the deposit required by Rule 3 before any action is taken on the petition.

D. Before any action is required to be taken on the Petition, the Petitioner must pay a deposit as set forth under Rule 3 - Security for Costs.

CRITICAL

Fee

350

Applies to

Civil complaint or claim

A $350 deposit is required for a civil complaint, cross-claim, counterclaim, or third-party complaint.

CIVIL DEPOSIT AMOUNT CIVIL COMPLAINT, CROSS-CLAIM / COUNTERCLAIM, THIRD PARTY COMPLAINT, $350.00

CRITICAL

Fee

150

Applies to

Execution or garnishment

A $150 deposit is listed for execution on a certificate of judgment or garnishments.

EXECUTION ON CERTIFICATE OF JUDGMENT / GARNISHMENTS $150.00

CRITICAL

Fee

250

Applies to

Aid in execution or related request

A $250 deposit is listed for aid in execution, a writ of possession, or a debtor's examination.

AID IN EXECUTION, WRIT OF POSSESSION & DEBTOR'S EXAMINATION $250.00

CRITICAL

Fee

150

Applies to

Cognovit

A $150 deposit is listed for a cognovit filing.

COGNOVIT $150.00

CRITICAL

Fee

500

Applies to

Publication

A $500 deposit is listed for publication.

PUBLICATION $500.00

CRITICAL

Fee

400

Applies to

Foreclosure complaint

A $400 deposit is listed for a foreclosure complaint.

COMPLAINT $400.00

CRITICAL

Fee

1400

Applies to

Sheriff order of sale praecipe

A $1,400 deposit for a sheriff's order-of-sale praecipe is applied to legal notice, appraisal, and court costs and includes $500 payable to Real Auction.

PRAECIPE FOR ORDER OF SALE BY SHERIFF $1,400.00 TO BE USED TOWARDS COSTS OF - LEGAL NOTICE, APPRAISAL AND COURT COSTS (includes $500 payable to Real Auction)

CRITICAL

Fee

875

Applies to

Private selling officer order of sale praecipe

An $875 deposit for a private-selling-officer order-of-sale praecipe is applied to legal notice, appraisal, and court costs.

PREAECIPE FOR ORDER OF SALE BY PRIVATE SELLING OFFICER $875.00 TO BE USED TOWARDS COSTS OF - LEGAL NOTICE, APPRAISAL AND COURT COSTS

CRITICAL

Fee

75

Applies to

Cancellation of sheriffs sale

A $75 deposit is listed for cancellation of a sheriff’s sale.

CANCELATION OF SHERIFF’S SALE $ 75.00

CRITICAL

Fee

37

Applies to

Certificate of judgment filing from another court

A $37 charge is listed for filing a certificate of judgment from another court.

FILING FROM ANOTHER COURT $37.00

CRITICAL

Fee

42

Applies to

Ohio certificate of judgment

A $42 charge is listed for a State of Ohio certificate of judgment, including release.

STATE OF OHIO (INCLUDES RELEASE) $42.00

CRITICAL

Fee

35

Applies to

Certificate of judgment making and filing

A $35 charge is listed for making and filing a certificate of judgment.

MAKING & FILING $35.00

CRITICAL

Fee

8

Applies to

Certificate of judgment transfer

An $8 charge is listed for making a certificate of judgment to transfer.

MAKING TO TRANSFER $ 8.00

CRITICAL

Fee

5

Applies to

Lien release or satisfaction

A $5 charge is listed for filing a release, satisfaction, or partial satisfaction of lien.

FILING RELEASE, SATISFACTION OR PARTIAL SATISFACTION OF LIEN $ 5.00

CRITICAL

Fee

75

Applies to

Foreign judgment

A $75 charge is listed for a foreign judgment.

FOREIGN JUDGMENT $ 75.00

CRITICAL

Fee

325

Applies to

Divorce or dissolution without children

A $325 deposit is listed for a divorce or dissolution without children, including a cross-claim or counterclaim.

DIVORCE/ DISSOLUTION – WITHOUT CHILDREN, CROSS-CLAIM & COUNTERCLAIM $325.00

CRITICAL

Fee

450

Applies to

Divorce or dissolution with children

A divorce or dissolution with children has a $450 deposit, plus $30 for each child aged 5–17 in Williams and Henry counties only.

DIVORCE / DISSOLUTION – WITH CHILDREN $450.00+ + plus an additional $30.00/child between the age of 5-17 (Williams & Henry only)

CRITICAL

Fee

280

Applies to

Post judgment motion with children

A $280 charge is listed for post-judgment motions with children.

POST-JUDGMENT MOTIONS – WITH CHILDREN $280.00

CRITICAL

Fee

100

Applies to

Qdro or dpro

A $100 charge is listed for a QDRO or DPRO.

QDRO OR DPRO $100.00

CRITICAL

Fee

50

Applies to

Motion with consent judgment entry or notice to relocate

MOTION WITH CONSENT JUDGMENT ENTRY / NOTICE TO RELOCATE $ 50.00

MOTION WITH CONSENT JUDGMENT ENTRY / NOTICE TO RELOCATE $ 50.00

CRITICAL

Fee

25

Applies to

Notice to relocate

A $25 charge is listed for a notice to relocate.

NOTICE TO RELOCATE $ 25.00

CRITICAL

Fee

600

Applies to

Home investigation

A home investigation costs $600 in Williams County; in other counties, the amount is set by court order.

HOME INVESTIGATION – WILLIAMS COUNTY $600, ALL OTHERS – PER COURT ORDER

CRITICAL

Fee

100

Applies to

Sealing or expunging

A $100 charge is listed for sealing or expunging, regardless of the number of records.

SEALING / EXPUNGING (regardless of number of records per ORC 2953.32) $100.00

CRITICAL

Fee

125

Applies to

Post conviction motion or petition

A $125 charge is listed for post-conviction motions or petitions, including the examples provided.

POST-CONVICTION MOTIONS/ PETITION: EXAMPLE: SEX OFFENDER RE-CLASSIFICATION, $125.00 FIREARM DISABILITY, LIFETIME SUSPENSION, CERTIFICATE OF QUALIFICATION OF EMPLOYMENT (CQE)

CRITICAL

Fee

150

Applies to

Notice of appeal

A $150 charge is listed for a notice of appeal.

NOTICE OF APPEAL $150.00 $150.00

CRITICAL

Fee

25

Applies to

Notice of appeal in common pleas case

A notice of appeal filed in a common pleas case incurs an additional $25, for a listed total of $175.

IF FILED IN A COMMON PLEAS CASE – ADDITIONAL $25.00 $175.00

CRITICAL

Fee

100

Applies to

Original action

A $100 charge is listed for an original action in the Court of Appeals category.

ORIGINAL ACTION $100.00

CRITICAL

Fee

50

Applies to

Sheriffs service

The Williams County sheriff’s service deposit is $50.

WILLIAMS COUNTY SHERIFF’S SERVICE DEPOSIT $50.00

CRITICAL

Fee

100

Applies to

Foreign county sheriffs service

The Williams County foreign-county sheriff’s service deposit is $100.

FOREIGN COUNTY SHERIFF’S SERVICE DEPOSIT $100.00

CRITICAL

Fee

25

Applies to

Subpoena issued by clerk

Each subpoena issued by the clerk costs $25.

EACH SUBPOENA ISSUED BY THE CLERK $ 25.00

CRITICAL

Fee

350

Applies to

Civil jury demand

The first party demanding a jury in a civil action must deposit $350 with the Clerk at least 10 days before trial; failure to do so waives a jury, and the deposit includes a $25 Call Jury Fee.

JURY FEE DEPOSIT – $350.00 The first party making a jury demand in a civil action before this court shall deposit $350 with the Clerk of Courts no later than 10 days before the scheduled trial date. Failure to deposit $350 within the time allotted shall constitute a waiver of jury. The $350 Jury Fee Deposit include the Call Jury Fee of $25 per ORC 2303.20(E).

CRITICAL

Applies to

Witness subpoena request

A party requesting a witness subpoena must deposit the statutory witness fee with the Clerk when filing the subpoena request; this applies in civil and criminal practice.

3.03 WITNESS FEES. A party requesting the issuance of subpoenas for a witness shall deposit at the time of filing the request for subpoena the appropriate amount under the Witness Fees Statute (ORC 2335.06) for said witness with the Clerk of Courts. This Rule shall apply to civil and criminal practice.

CRITICAL

Fee

225

Applies to

Appraisal

An advance appraisal deposit of $225 is required and must be promptly returned if the appraisal is canceled.

3.04 APPRAISAL FEE. An advance deposit of $225.00 is required. In the event the appraisal is canceled, this fee shall be promptly returned.

CRITICAL

At the first hearing, the court may designate the party most able to make a divorce or dissolution deposit and set the amount; it may order a refund of excess combined deposits, and failure to pay may lead to sanctions, striking a pleading, or default proceedings.

REGARDING DIVORCE / DISSOLUTION DEPOSITS: A. However the Court may determine at the first hearing the party most able to make the deposit; and upon Order of the Court, that party shall deposit an amount determined by the Court; and if the Court so orders, the Clerk shall refund the original deposit to the extent that combined deposit exceeds that required. B. Failure by the party to deposit the amount ordered may result in the part being sanctioned including the striking of any pleading or the case proceeding as in default.

CRITICAL

Fee

25

Applies to

Foreign county sheriffs service

The Defiance County foreign-county sheriff’s service deposit is $25.

FOREIGN COUNTY SHERIFF’S SERVICE DEPOSIT $25.00

CRITICAL

Fee

250

Applies to

Out of state subpoena request

A request for an out-of-state subpoena to be served in Fulton County costs $250.

REQUEST FOR OUT OF STATE SUBPOENAS TO BE SERVED IN FULTON COUNTY $250.00

CRITICAL

Fee

100

A party requesting service by a foreign county sheriff in Williams County must deposit $100.00.

FOREIGN COUNTY SHERIFF’S SERVICE DEPOSIT $100.00

WARNING

Applies to

Service copies of an original complaint

For an electronically filed original complaint, the Clerk makes service copies at the Appendix B per-page cost, and the filing party must not furnish them.

When an original complaint is filed by electronic means as set forth in Division F below, the Clerk shall make service copies at the per page copy cost set forth in Appendix B. The filing party shall not furnish service copies of the original complaint.

WARNING

Court-ordered costs are deducted from available deposits, unpaid costs may be deducted from any deposit in the case after 60 days from the Clerk’s cost statement, and the Clerk bills deficiencies and refunds deposits upon payment.

E When a judgment entry orders payment of costs by a party who has a deposit with the Clerk, the costs shall be deducted from that party’s deposit, if sufficient, and any balance shall be returned to the depositor. If, however, the deposit is insufficient or that party has no deposit, then the amount still due shall be deducted from any deposit held in the case. If there is a failure to pay within sixty (60) days from the Clerk’s cost statement by the party so ordered, the Clerk shall deduct the 3-6 ===== PAGE 16 ===== costs from any deposit held in their case. The Clerk shall bill the party ordered to pay costs for any deficiency. Upon payment, the Clerk shall refund the deposits to the appropriate party.

WARNING

A voluntary dismissal filed by a plaintiff or appellant is at the dismissing party’s cost unless the Court orders otherwise.

F If notice of voluntary dismissal is filed by a plaintiff or an appellant, the dismissal shall be at the cost of the dismissing party, unless otherwise ordered.

WARNING

If the final judgment does not assign costs, the Clerk deducts them equally from deposits and refunds the remainder, and assesses any excess costs equally unless otherwise ordered.

G When the final judgment entry does not specify who is to pay costs, the Clerk shall deduct the costs equally from any deposits held and refund the remainder. If the deposits are insufficient to satisfy the Court costs, the clerk shall then assess the excess costs to the parties equally unless otherwise ordered.

WARNING

For final proceedings with taxed costs, the Clerk must send statements at least every three months and may issue a certificate of judgment without further order after two unpaid notices.

H Clerk shall keep a list of all unpaid or accrued costs in all proceedings where costs have been taxed and shall send statements to all persons against whom costs have been taxed, in all proceedings that have become final, at least every three (3) months. After two (2) such notices, if the costs have not been paid, the Clerk may issue a certi ficate of judgment for the amount of such costs without further order.

WARNING

The party paying or depositing money with the Clerk must pay the commission charged under R.C. 2303.20(V), unless the Court orders otherwise.

I The commission charged by the Clerk of Courts pursuant to R.C. 2303.20(V) shall be paid by the party paying or depositing money with the Clerk unless otherwise ordered by the Court.

WARNING

Applies to

Transcript

Payment arrangements for transcript costs must be made with the Court Reporter when the transcript is ordered.

J Arrangements for the payment of the costs of transcripts shall be made with the Court Reporter at the time the transcript is ordered.

WARNING

Appraiser fees are charged according to the appendix for the applicable county.

C. APPRAISER’S FEES - Appraiser fees shall be charged in accordance with Appendices B-l (Defiance County), B-2 (Fulton County), B-3 (Henry County) and B-4 (Williams County) - include with court cost appendix.

WARNING

Applies to

Notice Confirming Qualification

The Clerk must file the Notice Confirming Qualification in the public file, and no additional court costs may be charged after it is filed.

When the Clerk receives Notice Confirming Qualification, it shall be filed in the public file. When such a notice has been filed, no additional court costs shall be charged.

WARNING

Fee

2

Applies to

Certification

Certification costs $2 per document plus the copy charge.

CERTIFICATION - $2.00 PER DOCUMENT PLUS COPY CHARGE

WARNING

Fee

2

Applies to

Fax transmission

Fax fees are $2 plus $1 per page per transmission.

FAX FEES: $2.00 PLUS $1.00 PER PAGE PER TRANSMISSION

WARNING

Fee

2

Applies to

Complete record

A complete record costs $2 per page.

COMPLETE RECORD: $2.00 PER PAGE

WARNING

Fee

5

Applies to

Recording license

A $5 charge is listed for recording licenses.

RECORDING LICENSES $ 5.00

WARNING

Fee

7.5

Applies to

Victims of crime application

A victims-of-crime application costs $7.50.

VICTIMS OF CRIME APPLICATION $ 7.50

WARNING

Fee

0.1

Applies to

Photocopy request

Williams County photocopy requests cost $0.10 per page.

PHOTOCOPY REQUESTS - $0.10/PAGE

WARNING

If a deposit is insufficient, the trial judge may require it to be increased from time to time.

3.02 INSUFFICIENT DEPOSIT. If it is brought to the attention of the trial judge that any deposit is insufficient, the trial judge may require the said deposit to be increased from time to time.

WARNING

Applies to

Photocopy request

Defiance County photocopies cost $0.25 per page for the first 25 pages, $0.10 per page for the next 75, and $0.06 per page thereafter.

PHOTOCOPY REQUESTS: $0.25/PAGE FOR FIRST 25 PAGES $0.10/PAGE FOR NEXT 75 PAGES $0.06/PAGE FOR PAGES THEREAFTER

WARNING

Applies to

Photocopy request

Henry County photocopies cost $0.25 per page for the first 25 pages, $0.10 per page for the next 75, and $0.06 per page thereafter.

PHOTOCOPY REQUESTS: $0.25/PAGE FOR FIRST 25 PAGES $0.10/PAGE FOR NEXT 75 PAGES $0.06/PAGE FOR PAGES THEREAFTER

WARNING

Fee

0.05

Applies to

Photocopy request

Fulton County photocopies cost $0.05 per page.

PHOTOCOPY REQUESTS: $0.05/PAGE

WARNING

Before refunding a deposit, the Clerk may apply the refund to any court costs the party then owes.

*IF A PARTY IS DUE A REFUND OF DEPOSIT IN ANY CASE, BEFORE MAKING SAID REFUND, THE CLERK OF COURTS MAY APPLY SAID REFUND TO ANY COURT COSTS THEN OWED BY SAID PARTY.

WARNING

Deposits and filing fees must currently be paid directly to the Clerk by check or credit card; electronic payment is anticipated after Courtview is implemented.

At this time, deposits or filing fees must be made by check or credit card payment directly to the Clerk. The Clerk and Court are working toward implementing Courtview case management system in the fall of 2026, thereby discontinuing CMS360. It is anticipated that once Courtview has been implemented, the Clerk will be able to accept deposits or filing fees electronically.

INFO

Applies to

Notice confirming qualification

No additional court costs are charged after the Notice Confirming Qualification is filed.

When such a notice has been filed, no additional court costs shall be charged.

INFO

Fee

1

Applies to

Child support services application

The only fee that may be charged for child support services is a one-dollar application fee, which some counties pay for applicants.

B. The only fee that can be charged for services is a one dollar application fee. Some counties pay this fee for the applicants.