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

CRITICAL

Applies to

Original action

A security deposit for costs is required when filing an original action, subject to the stated complaint and adult-criminal-action exceptions, and the amount is set by the Court’s fee schedule.

The Ottawa County Juvenile Court requires a security deposit for costs in the filing of any original action, except complaints alleging a child is delinquent, unruly, neglected, dependent, abused, or a juvenile traffic or tobacco offender and in criminal actions filed against adults. The amount of the security deposit will be established in the Court’s fee schedule.

CRITICAL

Fee

1200

Applies to

Motion for guardian ad litem

A party requesting a Guardian Ad Litem in a custody, parenting-time, or visitation proceeding must deposit $1,200 plus a 2% processing fee with the Clerk when filing the motion; the Court may reassign the fees to another party during or at the end of the proceedings.

Any party requesting appointment of a Guardian Ad Litem in a proceeding involving custody, parenting time or visitation shall, at the time of the filing of the motion, deposit with the Clerk the sum of $1,200.00, plus 2% processing fee, to be applied toward the satisfaction of the Guardian Ad Litem fees. The Court may reassess said fees to another party during and at the conclusion of the proceedings.

CRITICAL

Applies to

Document filed by fax

The Clerk will not accept a fax-filed document that requires a filing fee.

No document filed by facsimile requiring a filing fee shall be accepted by the Clerk.

CRITICAL

Fee

1200

Applies to

Motion for guardian ad litem

A party seeking appointment of a guardian ad litem in a custody, parenting-time, or visitation proceeding must deposit $1,200 plus a processing fee with the Clerk when filing the written motion, except in specified child-protection and juvenile cases.

Any party requesting appointment of a Guardian ad Litem in a proceeding involving custody, parenting time or visitation shall, at the time of filing of the written motion, deposit with the Clerk the sum of $1,200.00 plus processing fee, to be applied toward the satisfaction of the fees for the Guardian ad Litem. The assessment of the costs for the fees of Guardian ad Litem between the parties shall be made by the Court at the completion of the proceedings. No deposit for fees of Guardian ad Litem shall be required in cases alleging a child to be dependent, neglected, abused, unruly or delinquent.

CRITICAL

Fee

$1200

Applies to

Motion requesting appointment of a guardian ad litem

In private custody or visitation cases, the party requesting appointment of a guardian ad litem must deposit $1,200 plus a 2% processing fee with the Clerk when filing the motion.

(a) In private custody/visitation cases, the party requesting appointment of a Guardian ad Litem shall, at the time of the filing of a motion, deposit with the Clerk the sum of $1,200.00, plus 2% processing fee.

CRITICAL

The initiating party must pay the filing fee when filing, subject to possible acceptance of an indigent party’s filing with supporting documentation; financial changes must be reported and the Court may order later payment.

The party initiating the action shall submit the filing fee at the time of filing. If the party is indigent and unable to pay the fee, the clerk may accept the filing if accompanied by an affidavit of indigence and some form of documentation in support of the affidavit such as payroll receipts, Social Security determinations, or public assistance determinations. The judge or magistrate shall review all affidavits of indigence. If a party’s financial status changes during the course of the proceedings, the party is under a duty to inform the Court. The Court may order subsequent payment of the filing fee.

CRITICAL

Civil actions and proceedings generally require an advance security-for-costs deposit according to the Clerk’s published schedule before the Clerk accepts them for filing, subject to exceptions required or provided by law.

Except as otherwise required by law, no civil action or proceeding shall be accepted by the Clerk for filing unless the party or parties offering the same for filing shall have first deposited a sum to secure the payment of the costs that may accrue in such action or proceeding, except as otherwise provided by law. Such advance deposit shall be in accordance with the schedule approved by the Court and prepared and published by the Clerk from time to time.

CRITICAL

When a case is transferred because a counterclaim exceeds the Municipal Court’s jurisdictional limit, the counterclaimant must deposit security for the counterclaim with the Clerk, with any transferred deposit credited toward it.

Upon the transfer of a case to this Court for the reason that a counterclaim is in excess of the Municipal Court's jurisdictional limit, the counterclaimant shall deposit with the Clerk a deposit for the counterclaim. Any deposit transferred to this Court from the transferring court shall be credited to the deposit to be filed with this Court.

CRITICAL

After a case is transferred from another court, parties are notified to pay outstanding complaint and counterclaim deposit balances within 30 days, and an unpaid complaint or counterclaim is subject to dismissal; transferred deposits are credited.

Upon the transfer of a case to this Court from another court a notice will be sent to parties to pay the balances owed on deposits for the complaint and any counterclaim within thirty (30) days and to inform them that if a party is delinquent, the complaint or counterclaim will be dismissed. After thirty (30) days, if the balance owed on deposits is not paid, the complaint or counterclaim for which the balance owed on deposits was not paid is subject to dismissal. Any deposit transferred to this Court from the transferring court shall be credited to the deposit to be filed in this Court.

CRITICAL

The Clerk of Court must collect court costs in accordance with R.C. 2335.18 et seq.

The Clerk of Court shall collect costs in accordance with R.C. 2335.18, et seq.

CRITICAL

When notified that a party or criminal defendant with unpaid court costs has died, the Clerk must seek confirming information and documentation.

Upon any notice to the Clerk of Courts, of the death of a party or a criminal defendant, who was ordered to pay court costs for which there is an arrearage, the Clerk shall seek confirming information and documentation and:

CRITICAL

If properly notified that an estate has been filed, the Clerk must present a written claim for court costs to the estate representative and probate court.

A. If properly notified that an estate is filed, the Clerk shall present a written claim for the court costs under R.C. 2117.06 to the executor or administrator of the estate and to the probate court.

CRITICAL

The Clerk must accept payment of an accepted estate claim as provided in the estate process and pursue collection of a rejected claim within two months after rejection.

1. If the claim is accepted by the executor or the administrator, the Clerk shall accept payment as provided in the handling of the estate; if the claim is rejected in whole or in part by the executor or administrator, the Clerk shall pursue the collection of the claim within two (2) months after the rejection as provided in R.C. 2117.12.

CRITICAL

For an accepted claim involving an insolvent estate, the Clerk must accept payment under R.C. 2117.25 as payment in full and write off any unpaid or deficient balance as provided by the rule.

2. If the claim is accepted by the executor or the administrator and the Clerk receives notice under R.C. 2117.17(A)(2) that the estate is insolvent as provided in R.C. 2117.15, the Clerk shall accept payment under R.C. 2117.25 as payment in full; if no payment is received or a deficiency balance exists after receipt of a payment, the balance of the court costs shall be written off as hereinafter provided.

CRITICAL

If no estate has been filed, the Clerk must confirm the death with a death certificate and write off the court-cost arrearages if an estate is not filed within 180 days of death.

B. If the Clerk is notified by any means that a party or criminal defendant has died, for which no estate is or has been filed in any probate court, the Clerk shall confirm the death by receipt of a death certificate or a certified copy thereof, and write off the court cost arrearages if an estate is not filed within 180 days of the date of death.

CRITICAL

When court-cost arrearages are written off, the Clerk must docket the amount and date of the write-off and file the death certificate or a certified copy in the record.

In the event the court cost arrearages are written off, the Clerk shall make an entry on the docket, reflecting the amount of the write off, the date of the write off and shall file in the record the death certificate or a certified copy of the death certificate.

CRITICAL

FAX transmissions incur a cost of $2.00 per transmission plus $1.00 per page.

E. Costs for FAX transmissions shall be assessed as follows: $2.00 per transmission plus $1.00 per page.

CRITICAL

Applies to

Jury view request

Counsel requesting a jury view must pay the applicable deposit to the Clerk of Courts for transportation costs.

Counsel so requesting pay the applicable deposit to the Clerk of Courts, which will be applied to transportation costs.

CRITICAL

Applies to

Jury view request

A jury-view request must include the required fee, which will be applied to transportation costs.

A request for a jury view shall be in writing and filed with the Court with the required fee, which will be applied to transportation costs.

CRITICAL

Fee

$50

Applies to

Petition

The Petitioner must pay a $50 deposit before any action is required on the Petition.

Before any action is required to be taken on the Petition, the Petitioner must pay a deposit in the amount of $50.00.

CRITICAL

Applies to

Request for court-appointed counsel

Indigent defendants seeking appointed counsel must pay all statutory fees before counsel is appointed.

Indigent defendants requesting court-appointed counsel shall complete a Financial Disclosure/Affidavit of Indigency and shall pay all statutory fees prior to appointment of counsel.

CRITICAL

Applies to

Expungement petition

All court costs in the case that is the subject of an expungement petition must be paid before the Clerk may accept the petition.

All court costs in the case which is the subject of the petition, shall be paid before the petition may be accepted by the Clerk of Courts.

CRITICAL

Fee

$50

Applies to

Notary public application

Notary Public applicants must pay a $50 application fee, collected by the Clerk of Courts.

8. Applicants must complete a Notary Public Application and pay a $50 application fee. The application fee shall be collected by the Clerk of Courts; and

CRITICAL

Fee

$15

Applies to

Notary public application

Notary Public applicants must provide a $15 check or money order payable to the Notary Commission Clerk.

9. Applicants must have a check or money order made payable to the Notary Commission Clerk, in the amount of $15.00.

CRITICAL

Applies to

Notary commission recording

A new applicant who receives a state commission must bring it to the Clerk of Courts for recording and pay the recording fees.

When New Applicants receive their Commission from the State, the Applicant must bring the Commission to the Clerk of Courts for recording and payment of recording fees.

CRITICAL

Fee

35

Applies to

Notary public application

A Notary Public renewal applicant must pay a $35 application fee collected by the Clerk of Court.

Applicants must complete a Notary Public Application and pay a $35 application fee. The application fee shall be collected by the Clerk of Court;

CRITICAL

Fee

15

Applies to

Notary public renewal

Applicants must provide a $15 check or money order payable to the Notary Commission Clerk.

Applicants must have a check or money order made payable to the Notary Commission Clerk, in the amount of $15.00.

CRITICAL

Applies to

Notary commission recording

After receiving the commission from the State, the renewal applicant must bring it to the Clerk of Courts for recording and pay the recording fees.

When Applicants seeking a Renewal of Notary Commission receives the Commission from the State, the Applicant must bring the Commission to the Clerk of Courts for recording and payment of recording fees.

CRITICAL

Applies to

Arbitration fees

Each side must pay one arbitrator’s fee and half the Chairman’s fee to the Clerk of Courts at least 14 days before the arbitration hearing.

Each side shall be responsible for paying the fee of one arbitrator and one-half the fee of the Chairman. Payments shall be made to the Clerk of Courts no later than fourteen (14) days before the date set for the arbitration hearing.

CRITICAL

Applies to

Notice of appeal

Appellant shall pay to the Clerk of Courts the sum mentioned in 1. b) below.

Appellant shall pay to the Clerk of Courts the sum mentioned in 1. b) below.

CRITICAL

Applies to

Appeal

The appellant must deposit with the Clerk all fees received by the Board members for the case; those fees are refunded to the parties who deposited arbitration costs and are not recoverable by the appellant.

The appellant shall deposit with the Clerk of Courts, all fees received by the members of the Board in the case which shall be refunded to the parties who had made deposits for arbitration costs. The sum paid shall not be taxed as costs in the case and shall not be recoverable by the appellant in any proceeding.

CRITICAL

Applies to

Appeal de novo

If an appealing party who filed a poverty affidavit receives a settlement or judgment, the person paying it must first pay the Clerk the non-deposit portion of the appeal compensation.

If, however, the plaintiff or party appealing, who has filed a poverty affidavit as described above, receives a settlement or judgment in the case, the defendant or party who agrees to or is ordered to pay the judgment, shall pay first to the Clerk of Courts out of such settlement or judgment, before making payment to anyone else, an amount equal to the non-deposit portion of the compensation due for the appeal de novo.

CRITICAL

Fee

10

Applies to

Audio electronic recording

The Court charges $10.00 as costs for making an audio electronic recording of proceedings.

The Ottawa County Probate Court will make an audio electronic recording of the proceedings as the record of the Court. A fee in the amount of $10.00 will be charged and collected as costs in said proceedings.

CRITICAL

Fee

$2

Fax filing costs $2.00 per transmission plus $1.00 per page, added to the cost bill.

(4) Costs are $2.00 per transmission plus $1.00 per page to be added to the cost bill.

CRITICAL

Applies to

Pleading

Required deposits for listed actions and proceedings are governed by the Court’s schedule in effect on the pleading’s filing date, and any remaining court costs are due when a final or partial account is filed.

(A) All deposits for court proceedings shall be in accordance with the Court’s Deposit, Fee and Costs Schedule in effect on the date of filing of the pleading. See Appendix D. (B) Said deposits shall be required upon the filing of all actions and proceedings listed therein. The balance of any Court costs shall be paid when the final account or any partial account is filed.

CRITICAL

Fee

65

Applies to

Application to file will for record only

A $65 deposit is required for an application to file a will for record only.

1.) Application to File Will For Record Only $ 65.00

CRITICAL

Fee

250

Applies to

Application for authority to administer estate of decedent

A $250 deposit is required for an application for authority to administer a decedent’s estate, testate or intestate.

2.) Application for Authority to Administer Estate of Decedent (Testate or Intestate) $ 250.00

CRITICAL

Fee

175

Applies to

Application for ancillary administration

A $175 deposit is required for an application for ancillary administration.

3.) Application for Ancillary Administration $ 175.00

CRITICAL

Fee

100

Applies to

Application for release from administration

A $100 deposit is required for an application for release from administration.

4.) Application for Release From Administration $ 100.00

CRITICAL

Fee

30

Applies to

Application for summary release from administration

A $30 deposit is required for an application for summary release from administration.

5.) Application for Summary Release from Administration $ 30.00

CRITICAL

Fee

85

Applies to

Application to file will for record only with tax return

A $85 deposit is required for an application to file a will for record only with a tax return.

6.) Application to File Will for Record Only with Tax Return $ 85.00

CRITICAL

Fee

100

Applies to

Civil complaint

A $100 deposit is required for a civil complaint, including will contests, land sales, declaratory judgments, and determination of heirs.

7.) Civil Complaint (Will Contests, Land Sales, Declaratory Judgments, Determination of Heirs, etc.) $ 100.00

CRITICAL

Fee

250

Applies to

Demand for a jury trial

A $250 deposit is required for a demand for a jury trial.

8.) Demand for a Jury Trial $ 250.00

CRITICAL

Fee

37

Applies to

Real estate only

A $37 deposit is required for the real-estate-only filing listed in the schedule.

9.) Real Estate Only $ 37.00

CRITICAL

Fee

350

Applies to

Adoption includes assessment

A $350 deposit is required for an adoption that includes assessment.

10.) Adoption (includes assessment) $ 350.00

CRITICAL

Fee

100

Applies to

Adoption excludes assessment

A $100 deposit is required for an adoption that excludes assessment.

11.) Adoption (excludes assessment) $ 100.00

CRITICAL

Fee

185

Applies to

Change of name

A $185 deposit is required for a change of name.

11.) Change of Name $ 185.00

CRITICAL

Fee

250

Applies to

Guardianship incompetent

A $250 deposit is required for a guardianship filing for an incompetent person.

12.) Guardianship – Incompetent $ 250.00

CRITICAL

Fee

150

Applies to

Guardianship minor

A $150 deposit is required for a guardianship filing for a minor.

13.) Guardianship – Minor $ 150.00

CRITICAL

Fee

110

Applies to

Minor settlement

A $110 deposit is required for a minor settlement filing.

14.) Minor Settlement $ 110.00

CRITICAL

Fee

150

Applies to

Conservatorship

A $150 deposit is required for a conservatorship filing.

15.) Conservatorship $ 150.00

CRITICAL

Fee

125

Applies to

Trusts

A $125 deposit is required for a trust filing.

16.) Trusts $ 125.00

CRITICAL

Fee

100

Applies to

Structured settlement transfers

A $100 deposit is required for a structured settlement transfer filing.

17.) Structured Settlement Transfers $ 100.00

CRITICAL

Fee

25

Applies to

Delayed registration of birth

A $25 deposit is required for a delayed registration of birth filing.

18.) Delayed Registration of Birth $ 25.00

CRITICAL

Fee

25

Applies to

Correction of birth

A $25 deposit is required for a correction of birth filing.

19.) Correction of Birth $ 25.00

CRITICAL

Fee

50

Applies to

Marriage license

A $50 deposit is required for a marriage license.

20.) Marriage License $ 50.00

CRITICAL

Fee

35

Applies to

Motion to release information

A $35 deposit is required for a motion to release information.

21.) Motion to Release Information $ 35.00

CRITICALCivil cases

Fee

300

Applies to

Divorce or dissolution

A $300 deposit for costs is listed for divorce or dissolution cases.

Divorce/Dissolution | $300.00

CRITICALCivil cases

Fee

300

Applies to

Legal separation

A $300 deposit for costs is listed for legal separation cases.

Legal Separation | 300.00

CRITICALCivil cases

Fee

300

Applies to

Annulment

A $300 deposit for costs is listed for annulment cases.

Annulment | 300.00

CRITICALCivil cases

Fee

100

Applies to

Counterclaim

A $100 deposit for costs is listed for counterclaims.

Counterclaims | 100.00

CRITICALCivil cases

Fee

100

Applies to

Post decree motion

A $100 deposit for costs is listed for post-decree motions.

Post-Decree Motions | 100.00

CRITICALCivil cases

Fee

50

Applies to

Personal service

A $50 cost is listed for personal service.

Personal Service | 50.00

CRITICALCivil cases

Fee

800

Applies to

Guardian ad litem deposit

An $800 guardian ad litem deposit is listed.

Guardian Ad Litem (deposit) | 800.00

WARNING

The Court may charge a photocopying fee in an amount it determines.

A fee for photocopying may be charged as the Court may determine from time to time.

WARNING

Applies to

Transcript

A transcript will not be started or provided until satisfactory payment arrangements have been made.

No transcript will be started or provided until satisfactory arrangements for payment have been made.

WARNING

A party unable to provide security or a cash deposit must file an Affidavit of Inability to Prepay or Give Security for Costs with the complaint, postponing collection until termination while the Court retains authority to review the affidavit during the case.

If a party initiating a civil action is unable to give security or a cash deposit as provided under this rule, then said party shall file an Affidavit of Inability to Prepay or Give Security for Costs along with the complaint. The affidavit shall be accepted by the Clerk of Courts and the collection of costs shall be postponed until the case is terminated. The Court retains jurisdiction to review the affidavit at any time during the pendency of the action.

WARNING

If the Court determines during a case that existing security will not cover anticipated total costs, it may require an additional deposit, and the Clerk must notify the Court of potentially applicable cases.

When during the pendency of a case, the Court determines that the security for costs will be insufficient to cover the anticipated total costs of the case, the Court may, in its discretion, require an additional deposit as security for future costs. The Clerk shall notify the Court of any cases to which this rule may apply.

WARNING

After final judgment, the Clerk applies the cost deposit, assesses and bills the proper party, reimburses the depositor when costs are received, and completes those steps within 30 days; civil costs are shared equally unless the Court orders otherwise.

Upon final judgment, the Clerk of Courts is directed to apply the deposit for costs to the case, regardless of the party against whom costs are assessed. The Clerk shall thereupon assess the costs against the proper party and notify and bill such party, reimbursing the Court costs depositor upon receipt of such costs from the proper party. Application, assessment and billing of Court costs shall be completed within thirty (30) days after final judgment. Court costs in civil cases shall be assessed equally between parties unless otherwise ordered by the Court.

WARNING

Applies to

Petition

A Judge may waive part or all of the required deposit.

A Judge may waive some or all of the deposit otherwise required by this Rule.

WARNING

Title-work expenses include a search fee capped at $160 plus the applicable Judicial Report premium or any additional amount allowed by the Court, and are taxed as case costs.

The expenses of the title work required under this rule shall include a base search fee not to exceed $160.00, plus a premium on the Judicial Report issued, based on the fair market value of the property, or in the case of a foreclosure, the balance due on the first mortgage or such additional amount as may be allowed by the Court for each property involved, and said costs shall be taxed as part of the costs in said cause.

WARNING

The Judicial Report premium is charged at the rate allowed by the Ohio Department of Insurance.

The premium on the Judicial Report is the rate allowed by the Ohio Department of Insurance.

WARNING

Applies to

Arbitrators fees

A party unable to pay arbitrators’ fees due to poverty may file a motion and affidavit under Rule 65.15 (A) 1. c).

In the event that one or more parties is unable due to poverty to make the payment for arbitrators' fees, he may file a motion and affidavit under Rule 65.15 (A) 1. c) herein, and all of the provisions of the subsection shall apply.

WARNING

Applies to

Arbitration fees

Board members are not entitled to their fee if a case is settled or dismissed more than two days before the hearing, but are entitled to it if settlement or dismissal occurs within that two-day period.

In the event that a case shall be settled or dismissed more than two (2) days prior to the date scheduled for the hearing, the Board members shall not be entitled to the fee. In the event that a case has been settled or dismissed within said two-day period, the Board members shall be entitled to receive the fee.

WARNING

Applies to

Appeal de novo

A party appealing an award may ask the Court to allow an appeal de novo without paying the specified amount based on inability to pay due to poverty.

A party, desiring to appeal an award, may concurrently with the filing of a Notice of Appeal de novo, file with the Judge a written motion and affidavit averring that by reason of poverty he or she is unable to make the payments required for an appeal and requesting the Court to allow an appeal de novo without payment of the amount specified in 1.(b).

WARNING

Fee

7

Applies to

Audio copy

The fee is $7.00 when the requester does not provide a CD and wants the completed CD mailed.

a. $7.00 if the requester does not provide a CD and wants the completed CD mailed to him/her.

WARNING

Fee

4

Applies to

Audio copy

The fee is $4.00 when the requester supplies a blank CD and wants the completed CD mailed.

b. $4.00 if the requester supplies a blank CD and wants the completed CD mailed to him/her

WARNING

Fee

3

Applies to

Audio copy

The fee is $3.00 when the requester does not supply a blank CD and picks up the completed CD.

c. $3.00 if the requester does not supply a blank CD and picks up the completed CD.

WARNING

(A) If the costs deposit is inadequate to cover the cost or fee for any filing, the filing may not be accepted by the Court without payment of the appropriate filing cost or fee. The Court may, in its discretion, require an additional costs deposit or invoice for costs in any matter.

(A) If the costs deposit is inadequate to cover the cost or fee for any filing, the filing may not be accepted by the Court without payment of the appropriate filing cost or fee. The Court may, in its discretion, require an additional costs deposit or invoice for costs in any matter.

INFO

Applies to

Facsimile filing

No additional fee is assessed for a fax filing.

No additional fee shall be assessed for facsimile filings.

INFO

Applies to

Petition

The deposit may be paid using any form of payment otherwise accepted by the filing court.

Payment of this deposit may be made in any form otherwise accepted in the court of filing.

INFO

Applies to

Petition

A Petitioner requesting reduced filing fees may submit an Affidavit of Indigency or other relevant information for the Court's consideration.

The Petitioner may submit an Affidavit of Indigency or other relevant information for the Court's consideration if requesting a reduction in the filing fees.

INFO

Applies to

Audio copy

There is no cost when the requester supplies a blank CD and picks up the completed CD.

d. There is no cost if the requester supplies a blank CD and picks up the completed CD.