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

CRITICAL

Fee

25

Applies to

Domestic relations investigation request

If both parties request an investigation, each must deposit $25 unless one or both are found indigent, in which case the Court allocates the costs.

If both parties request an investigation, each party shall be required to deposit the sum of $25.00 as security for costs of the same, unless one or both parties are found to be indigent, in which case, costs shall be allocated as determined by the Court.

CRITICAL

Applies to

Counterclaim

A defendant filing a counterclaim when the plaintiff has filed a poverty affidavit must deposit court costs unless the defendant is indigent and files an affidavit of inability to pay with the counterclaim.

In cases wherein the Plaintiff has executed and filed a poverty affidavit, a Defendant filing a counterclaim shall comply with the provisions of this Rule with respect to the prepayment of a deposit of court costs, unless the party filing the counterclaim is also indigent and likewise executes and files an affidavit of inability to pay together with his or her pleading.

CRITICAL

Applies to

Publication

The party seeking publication must ascertain the publication costs from the publisher and pay them directly to the publisher in advance.

In any legal proceeding in which service by publication is required, or any proceeding in which publication costs are required to be incurred, said costs of publication must be ascertained from the publisher and paid in advance directly to the publisher by the party seeking the same.

CRITICAL

Applies to

Copy request

A requester must provide security for copy-reproduction costs, unless the requester has filed a poverty affidavit.

The Clerk shall not be required to provide copies to any person requesting the same without causing security for costs of reproduction to be provided, except that this requirement shall not apply to those parties filing or having previously filed a poverty affidavit.

CRITICAL

A filed poverty affidavit exempts a matter from the security-for-costs rules, subject to the assigned Trial Judge determining at the first hearing whether the affidavit was proper.

These Rules providing for the security of costs shall not apply in those matters in which a poverty affidavit is filed, but at the first hearing in said matter a determination shall be made by the Trial Judge to whom said matter has been assigned as to whether or not a poverty affidavit was proper in said matter.

CRITICAL

Fee

50

Applies to

Domestic relations investigation request

A party requesting an investigation must deposit $50 in advance unless the Court finds the party indigent.

If a party to a domestic case requests an investigation in accordance with the preceding paragraph, said party shall be required to make an advance deposit of costs in the sum of $50.00 to secure the expenses incurred with respect to the costs of undertaking and completing the requested investigation, unless found by the Court to be indigent.

CRITICALCivil cases

Fee

$1

Applies to

Child support services application

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

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

CRITICAL

If the poverty affidavit is not well founded, the action may be dismissed unless costs are deposited or secured with the Clerk immediately.

well founded then this shall constitute grounds for dismissal of the action unless costs are deposited or secured with the Clerk forthwith.

CRITICAL

Applies to

Pleading

The Clerk determines costs for original pleadings in civil or domestic proceedings and requires an advance deposit or security before accepting a pleading or other document for filing.

Costs for all original pleadings filed in any civil or domestic proceeding, including domestic modification matters, shall be as determined by the Clerk of Courts, Statutes of the State of Ohio, or Rules of this Court. The Clerk shall require an advance deposit, or security for such costs before accepting any pleading or other document for filing.

CRITICAL

Applies to

Motion

A motion in a domestic relations case, whether filed during the case or after a final decree, must be accompanied by a deposit for costs in an amount determined by the Clerk, Ohio statutes, or court rules.

Any motion filed in a domestic relations case, either during the pendency of said case, or after the granting of a final decree of divorce, legal separation, or dissolution, shall be accompanied by a deposit to secure the payment of costs in a sum determined by the Clerk of Courts, Statutes of Ohio, or Rules of this Court.

CRITICAL

Applies to

Divorce annulment separation or dissolution pleading

A party filing a divorce, annulment, legal-separation, or dissolution pleading must prepay or deposit court costs, excluding attorney fees, before filing.

No Complaint for Divorce, Annulment, Legal Separation, or Petition for Dissolution of Marriage, shall be filed until the party filing the same makes a prepayment or deposit with the Clerk of Courts in a sum or sums established by the Clerk of Courts, Statutes of Ohio, or Rules of this Court to secure the costs likely to accrue in such action, exclusive of attorney fees.

WARNING

Applies to

Domestic violence petition

No filing fee may be charged for a Domestic Violence petition filed under Ohio Revised Code Section 3113.31, notwithstanding other security-for-costs rules.

F. Notwithstanding any other provision of these Rules providing for security for costs of suit, no fee shall be charged to any person for the filing of a Petition in Domestic Violence filed in accordance with Section 3113.31 of the Ohio Revised Code as the same now is or may from time to time be amended.

WARNING

Applies to

View of premises request

In civil cases other than eminent domain, a party requesting a view must deposit a fee sufficient to cover transportation costs, and the requirement may be waived only with the presiding judge's express written approval for good cause.

H. In any civil case other than eminent domain cases in which a view of premises of the scene is requested, the party requesting the same shall cause to be deposited with the Clerk of Courts a fee as determined by the Clerk of Courts, Statutes of Ohio, or Rules of this Court, or any amount determined by the Judge presiding over the trial in which the view is requested, in an amount sufficient to secure the costs of transportation of the Court and Jury to the premises or scene. This requirement may not be waived without express written approval of the Judge presiding at said trial and only for good cause shown.

WARNING

Fee

2.75

Applies to

Transcript

Transcripts for appeals or objections to magistrate findings cost $2.75 per page for the original and one copy.

The cost of transcriptions for purposes of appealing any decision of any Court or for purposes of use with respect to objections filed from Findings and Recommendations of the Magistrate shall be $2.75 per page, which cost shall be for an original to be filed with the appropriate Appellate Court or Trial Judge and one (1) copy for Appellant or Appellant's counsel.

WARNING

When the poverty affidavit was filed on good grounds but the opposing party can secure the action's costs, the Court must require that party to secure them.

E. In the event that the Court determines that the party filing the poverty affidavit had good grounds upon which to do so, but that the opposing party has the means of securing the costs of the action, then the Court shall require the opposing party having the means to secure the costs to do so.

WARNING

Fee

2

Applies to

Transcript

Transcripts for purposes other than appeals or objections to magistrate findings cost $2.00 per page.

Transcripts for purposes other than appeals or objections from Findings and Recommendations of the Magistrates shall be $2.00 per page.

WARNING

Fee

1.5

Applies to

Additional transcript copy

Additional transcript copies cost $1.50 per page, except copies for indigent parties cost $1.00 per page.

Additional copies shall be $ 1.50 per page, other than for indigent parties, in which case the cost shall be $1.00 per page.

WARNING

Applies to

Domestic relations investigation

The investigation cost is taxed as other case costs unless the Court determines otherwise.

The cost of said investigation shall be taxed as other costs in the case or as the Court may determine.