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

CRITICAL

Fee

$15

For filing or requesting an extension at least three days before the citation hearing, each responsible person owes a $15 citation cost and a $50 sanction in addition to the normal filing fee.

As restructured, this Rule now even allows you to file the overdue document or you can apply for an extension of time to file it after the grace period expires. If you do so at least three days before the scheduled citation hearing, each responsible person must pay a $15.00 citation cost plus a $50.00 sanction, in addition to the normal document filing fee.

CRITICAL

Applies to

Fax filing

An additional fee is assessed for each fax transmission and for each page of the document, with amounts referenced in Appendix A.

Pursuant to R.C. 2303.20(Y), an additional fee will be assessed for each electronic transmission, plus an additional fee for each page of that document. (See Appendix A).

CRITICAL

Applies to

Lien release or filing requiring immediate funds

Personal checks are not accepted for lien releases or filings requiring immediate funds.

(2) No personal checks will be accepted for lien releases or other filings that require immediate funds.

CRITICAL

Applies to

Transcript

The requesting party must pay half the estimated transcript cost within 14 days after the written estimate is issued, or the request is considered withdrawn.

A deposit of one-half (1/2) the estimated cost of the transcript must be paid by the requesting party to the Court Reporter within fourteen (14) days of the issuance of the written cost estimate or the request will be considered withdrawn.

CRITICAL

Total standard court costs are $125 for traffic moving, $96 for traffic non-moving, $125 for waiver-out-of-state and misdemeanor criminal cases, $151 for felony criminal cases, and $120 for adult criminal cases.

TOTALS $125.00 $96.00 $125.00 $125.00 $151.00 $120.00

CRITICAL

Applies to

Proceeding

The full amount of costs anticipated for a proceeding must be paid in advance, according to the Court’s website schedule.

The Court requires an advanced payment of the full amount of costs anticipated to be incurred in the type of proceeding being filed. A schedule of the required court costs for various proceedings is shown on the Court’s website.

CRITICAL

Fee

$75

Applies to

Cqe petition

A $75 deposit is due before action on the petition; the court may accept its usual payment forms, a judge may waive some or all of it, and a petitioner may submit information seeking a fee reduction.

Before any action is required to be taken on the Petition, the Petitioner must pay a deposit in the amount of $75.00. Payment of this deposit may be made in any form typically accepted by the court. A judge may waive some or all of the deposit otherwise required by this Rule. The Petitioner may submit an Affidavit of Indigency or other relevant information for the court's consideration if requesting a reduction in the filing fee.

CRITICAL

Applies to

Filing or court service

The Court charges for filings and services, publishes a changeable cost schedule on its website, and requires all amounts due to be paid before accepting a filing or performing a service.

The Court charges for all filings made with the Court and other services the Court performs. This Rule states the Court’s policies on the amount and payment of those costs. A. Cost Schedule A schedule of the cost of each filing or other service is shown on the Court’s website. The schedule may change periodically. The Court will not accept any document for filing and will not perform any other service until all amounts due are paid in full.

CRITICAL

Applies to

Subpoena

A subpoena for service outside the county must be accompanied by a check payable to the witness for a half- or full-day witness fee and round-trip mileage.

All subpoenas required for service on an address located outside of the county shall be accompanied by a check made payable to the witness in the amount of one-half or one- full day’s witness fee and round-trip mileage.

CRITICAL

The Clerk assesses normal filing fees and collects case deposits by credit card when processing the filing.

(1) The Clerk of Courts will assess normal filing fees, and case deposits will be collected via user credit card at the time the filing is processed.

CRITICAL

Fee

10 $

If the overdue documents are not filed by the citation-order deadline, the Fiduciary and attorney are automatically sanctioned $10 per day until filing.

If the Fiduciary fails to file the overdue documents before expiration of the deadline set in the Court’s citation order under Rule 77.5(D), the Court will automatically assess against the Fiduciary and the attorney an additional sanction of $10.00 per day until the overdue documents are filed.

CRITICAL

Fee

25 $

Filing after the Monday cutoff and before the hearing requires the normal filing fee, a $25 citation cost, and a $100 sanction per responsible person.

If not filed by the close of business on the Monday before the citation hearing date, the Fiduciary may file the overdue document or may file an application for extension of time to file the overdue document under Rule 56.1 up to the minute before the citation hearing is scheduled to begin. In addition to the normal filing fee for the overdue document or extension, the Court will also assess an additional citation cost of $25.00 per responsible person under Rule 77.1(E), plus a sanction of $100.00 per responsible person under Rule 77.1(E).

CRITICAL

Applies to

Witness fees

The party who subpoenaed or requested the witness’s appearance must pay the witness directly.

The party who subpoenaed or requested the appearance of a witness must pay the appropriate fees to that witness directly.

CRITICAL

Applies to

New or reactivated civil action

A new or reactivated civil action will not be accepted for filing until the required cost deposit is paid, subject to exceptions provided by law.

4.1 No new or reactivated civil action or proceeding will be accepted by the Clerk for filing unless the appropriate deposit has been paid. Upon termination of the case, if costs remain unpaid, appropriate orders will be imposed to collect the costs. Except as otherwise provided by law, the cost schedule prominently displayed in the Clerk's office will dictate the required cost deposit in each case.

CRITICAL

After notice of a dishonored payment, the payor must pay the full amount in cash and reimburse bank charges within three Court Days, or the Court may strike the filing or take other appropriate action.

If any payment is dishonored for insufficient funds or other deficiencies in the payment, the payor must pay the full amount due in cash, plus reimburse the Court for bank charges it incurs, within three Court Days after notice from the Court of nonpayment. If not paid within that time, the Court may strike the filing from the record or take other appropriate action as the Court may deem appropriate.

CRITICAL

Applies to

Recording request

A person requesting a permitted copy of a proceeding recording must file a request and pay the Court cost in advance.

Any person who is permitted by these Rules to obtain a copy of the Court’s recording of a proceeding may do so by filing with the Court a request for recording and paying the Court cost in advance.

CRITICAL

The Court will not dismiss a citation until it receives the full applicable filing fee, citation cost, and any sanction.

Again, the Court will not, under any circumstances, dismiss your citation until the Court receives full payment of the applicable filing fee for the overdue document or extension, the citation cost and the sanction, if any.

CRITICAL

Fee

50

Applies to

Standing special process server affidavit and order

Filing the standing-process-server affidavit and order costs $50.

The fee for filing the affidavit and order is $50.

CRITICAL

Applies to

Protection order

No costs or fees are charged for filing or obtaining a protection order under these provisions and this Rule.

There are no costs or fees for filing or obtaining a protection order under these provisions and this Rule.

CRITICAL

Fee

15 $

Applies to

Extension application

An extension application filed by the Monday cutoff requires the normal extension filing fee, a $15 citation cost, and a $50 sanction per responsible person.

The Fiduciary may file an application for extension of time to file the overdue document under Rule 56.1 after the grace period, but no later than the close of business on the Monday before the citation hearing date. In addition to the normal filing fee for the extension, the Court will also assess an additional citation cost of $15.00 per responsible person under Rule 77.1(E), plus a sanction of $50.00 per responsible person under Rule 77.1(E).

CRITICAL

All citation costs and sanctions must be received before or at the same time as the overdue document is filed.

The Court must receive all citation costs and sanctions before or simultaneously with filing the overdue document.

CRITICAL

Applies to

Facsimile filing

The Clerk may charge a transmission fee and a per-page fee in amounts the Clerk determines; any fees must be arranged before the fax is sent, and the filing risk remains with the sender.

The Clerk of this Court is expressly authorized to charge a transmission fee for this service, as well as a per page charge, in an amount or amounts as determined by the Clerk. Payment of fees must be arranged in advance of the sending of the telephonic facsimile transmission. The risk of facsimile filing remains with the sender, and the Clerk of this Court assumes no responsibilities or liabilities.

CRITICAL

Fee

$25

At a citation hearing, each responsible person will be assessed a $25 citation cost and $100 sanction, and the Court may impose additional per diem sanctions until compliance.

For certain, the Court will assess each responsible person a $25.00 citation cost plus a $100.00 sanction. But the consequences may be much more severe. The Court may impose per diem sanctions until you fully comply with the law.

CRITICAL

Applies to

Appointed counsel application

An adult applicant for appointed counsel must pay the nonrefundable application fee to the Clerk when applying or within seven days, or the fee will be taxed as costs at case close.

Each person applying for counsel shall pay a nonrefundable application fee to the Clerk upon application or within seven (7) days thereafter. In the event the applicant fails to pay the application fee, the amount of the fee shall be taxed as costs against the applicant at the close of the case.

CRITICAL

Juvenile case fees are capped by the applicable county resolution; excess fees are considered only after meeting subsection D, and abuse, neglect, and dependency cases are ineligible for extraordinary fees.

(C) The prescribed maximum fees per case permitted in juvenile proceedings are as stated in Portage County Resolution 21-0829 or any subsequently adopted county resolution. Fees in excess of this amount shall only be considered upon completion of the requirements outlined in subsection D of this Rule. Abuse, neglect, and dependency cases are not eligible for extraordinary fees, pursuant to the Resolution.

CRITICAL

Applies to

Transcript

A transcript requested for another purpose will be provided only by Court order and after deposit of all applicable preparation costs.

Any such transcript requested under this section shall be provided only upon an Order of the Court and upon deposit of all applicable costs for the preparation of the transcript.

CRITICAL

The Fiduciary and attorney are personally responsible for noncompliance costs and sanctions, which cannot be paid or reimbursed from the estate, guardianship, or trust.

Costs and sanctions for non-compliance are both the personal responsibility of the Fiduciary and the attorney. That means you have to pay those amounts out of your own pocket. You cannot pay those amounts from the estate, guardianship or trust. You also cannot be reimbursed for those amounts from the estate, guardianship or trust.

CRITICAL

If the court does not waive a required security deposit, the initiating party must be given an opportunity to pay it; nonpayment may result in dismissal after notice.

If the trial court should determine that a cash deposit should not be waived, the party initiating the action or proceeding will be permitted an opportunity to pay the required security deposit. If the deposit is not paid as ordered, then the proceeding may be dismissed by the trial court after notice of the impending dismissal.

CRITICAL

A party unable to pay the cost deposit must file an affidavit signed before a deputy Clerk, stating the reasons for inability to prepay; the affidavit is subject to court review at any stage.

If the party initiating the action or proceeding is unable to pay the cost deposit, as set forth in Loc.R. 4.1, the party must file an affidavit, signed before a deputy Clerk of Court, reflecting the inability to post the required cost deposit. An affidavit of indigency filed in lieu of cash deposit must state the reasons for the inability to prepay costs and is subject to court review at any stage of the proceedings.

CRITICAL

Applies to

Additional filing or court service

Costs for additional documents or services not covered by the advance payment must be paid as the filings are made or services performed.

Additional documents filed or services performed in the same case that are not covered by the original advanced payment will be charged and must be paid as filings are made or other services are performed.

CRITICAL

Applies to

Certified authenticated or exemplified copies

Payment for certified, authenticated, or exemplified copies is due before the copies are made.

Payment for these copies is due in advance of making them.

CRITICAL

Applies to

Filing

Be sure that the correct filing fee, if required, accompanies each filing. The Court may not accept documents for filing unless the filing fee is paid simultaneously with the filing.

Be sure that the correct filing fee, if required, accompanies each filing. The Court may not accept documents for filing unless the filing fee is paid simultaneously with the filing.

CRITICAL

Fee

$10

Filing during the grace period requires each responsible person to pay a $10 citation cost plus the normal filing fee, with no sanctions during that period.

If you file within the grace period, each responsible person only has to pay a $10.00 citation cost, in addition to the normal document filing fee. There are no sanctions during the grace period.

CRITICAL

Applies to

Transcript

The requesting party must pay the transcript-cost balance within 10 days after the transcript is completed.

The balance of the transcript cost must be paid to the Court Reporter within ten (10) days of the completion of the transcript.

CRITICAL

Applies to

Appointed counsel application

A juvenile’s parent, legal guardian, or legal custodian must pay the nonrefundable application fee upon application or within seven days, unless the Court waives it; an unpaid, unwaived fee is taxed as costs at case close.

The Juvenile’s parent(s), legal guardian(s), or legal custodian(s) shall pay a nonrefundable application fee to the Clerk upon application or within seven (7) days thereafter. In the event the application fee is not paid, and the fee is not waived by the Court, the amount of the fee shall be taxed as costs at the close of the case.

CRITICAL

Fee

25 $

At minimum, the citation-hearing order imposes a $25 citation cost and a $100 sanction per responsible person.

At the conclusion of the citation hearing, the Court will issue an order imposing, at a minimum, citation costs of $25.00 per responsible person under Rule 77.1(E), plus sanctions of $100.00 per responsible person under Rule 77.1(E).

CRITICAL

Applies to

Mail filing

If a filing fee is due, payment must accompany a mailed filing.

Payment of the filing fee must also accompany the filing, if a filing fee is due.

CRITICAL

Applies to

Action or filing

The Clerk’s Office must not accept an action or filing unless the required filing fee is provided.

The Clerk’s Office shall not accept any action or filing without the requisite filing fee.

CRITICAL

Applies to

Fax filing

Fees for fax filings must be paid in advance, and the Court will not accept a fax filing if the fees are unpaid.

Any filing submitted by fax that requires filing fees be paid must be paid in advance. Any failure to pay filing fees will result in the filing not being accepted by the Court.

CRITICAL

Fee

15 $

Applies to

Overdue document

Filing an overdue document by the stated Monday cutoff requires its normal filing fee, a $15 citation cost, and a $50 sanction per responsible person.

The Fiduciary may file the overdue document after the grace period, but no later than the close of business on the Monday before the citation hearing date. In addition to the normal filing fee for that document, the Court will also assess an additional citation cost of $15.00 per responsible person under Rule 77.1(E), plus a sanction of $50.00 per responsible person under Rule 77.1(E).

CRITICAL

Applies to

Jury demand

Jury fees must be paid when the jury demand is filed.

Jury fees must be paid simultaneously with filing the jury demand.

CRITICAL

Applies to

Transcript

The transcript will not be released or filed until its balance is paid.

The transcript shall not be released by the Court Reporter or filed with the Court unless the balance is paid.

CRITICAL

Fee

$25

Filing or requesting an extension up to one minute before the citation hearing requires each responsible person to pay a $25 citation cost and $100 sanction plus the normal filing fee.

If you do not get everything in by the preceding Monday, you can still file the overdue document or you can apply for an extension of time to file it after the grace period expires clear up to the minute before the citation hearing is scheduled to begin. In addition to the normal document filing fee, each responsible person must pay a $25.00 citation cost plus a $100.00 sanction.

CRITICAL

Applies to

Witness fee request

Witness fees must be requested no later than the conclusion of the relevant hearing or trial, or they are waived.

Witness fees must be requested at or before conclusion of the hearing or trial for which the subpoena was issued. If not timely requested, witness fees will be deemed waived.

CRITICAL

Applies to

Recording request

Full payment must be received before the Court begins processing the request.

The Court must receive the completed written request form and full payment before it begins the process.

WARNING

The schedule charges $2 plus $1 per page for fax transmission.

Fax Transmission $2.00 + $1.00/page

WARNING

Fee

$25

The schedule sets seat-belt-violation court costs of $25.

Seat Belt Violation Court Costs $25.00

WARNING

The Court posts its fee schedule online; if the fee for a filing is uncertain, call the Court before filing to confirm it.

The Court’s fee schedule is posted on our website. If you are not certain of the fee that will be required for a particular filing, call the Court first to confirm the amount.

WARNING

The standard court-cost schedule includes a State Indigent Defense Fund charge in some case categories.

2949.094(B) State - lndigent Defense Fund $5.00 $0.00 $5.00 $5.00 $0.00 $0.00

WARNING

The standard court-cost schedule includes State Indigent Defense Fund charges that vary by case category.

2949.091(A)(2)(a) State - lndgent Defense Fund $20.00 $10.00 $20.00 $20.00 $30.00 $20.00