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

CRITICALCriminal cases

Fee

$50

Applies to

CQE petition

A $50 court-cost deposit is required when the petitioner appears to complete filing of an electronically submitted CQE petition.

After the petition for a CQE has been submitted electronically and is determined to be complete by the ODRC, Petitioner shall appear at the office of the clerk of courts, within 30 days of electronic submission, to complete filing and pay a court cost deposit of $50.00.

CRITICALCriminal cases

Applies to

CQE petition

A petitioner who files a CQE petition directly with the clerk must pay the filing fee upon filing.

If the Petitioner files directly with the clerk of courts, the filing fee must be paid upon filing.

CRITICAL

Applies to

Filing

The clerk will not accept noncriminal filings unless required deposits securing potential court costs have been made, except as otherwise provided by law.

No filings except criminal filings, shall be accepted for filing by the clerk unless all required financial deposits have been made to secure the payment of the court costs that may accrue in the action, except as otherwise provided by law.

CRITICAL

Applies to

Legal notice

A party requesting a legal notice must prepare it and prepay its cost to the legal publisher.

Parties requesting legal notices shall prepare the legal notice and prepay the cost of the notice to the legal publisher.

CRITICAL

Documents will not be filed if costs and fees are unpaid, charge information is incomplete, or the documents do not comply with applicable rules.

Documents tendered to the clerk without payment of court costs and fees, or with incomplete information on the charge authorization or request, or that do not conform to applicable rules will not be filed.

CRITICAL

Documents may not be filed if court costs and fees are unpaid, charge authorization or request information is incomplete, or applicable rules are not followed.

Documents tendered to the clerk without payment of court costs and fees, or with incomplete information on the charge authorization or request, or that do not conform to applicable rules may not be filed.

CRITICAL

Normal filing fees and case deposits are collected electronically when a filing is submitted, as a condition of advancing to Clerk review.

1. The Clerk of Courts shall assess normal filing fees and case deposits which will be collected via a financial transaction device of electronic means at the time the filing is submitted in order to advance to the Clerk’s review stage of e-filing.

CRITICAL

An electronically filed document requiring a fee will be rejected unless the filer has complied with the stated mechanism; the excerpt does not identify that mechanism.

2. Any document filed electronically that requires a filing fee shall be rejected by the Clerk of Courts unless the filer has complied with the mechanism

CRITICAL

Applies to

Domestic relations case

A party unable to prepay or secure costs must file a fee-waiver petition and notarized supporting affidavit; if denied, the ordered deposit must be paid or the case may be dismissed.

A party who is unable to prepay or give security for costs in domestic relations cases shall file a Petition for Waiver of Filing Fee and Court Cost Deposit and an Affidavit in Support of Petition for Waiver of Filing Fee. The Affidavit must be notarized. The Court will rule on the Petition after setting the matter for non-oral consideration. If the Petition is denied, a deposit shall be made in accordance with Court Order. Failure to pay the deposit as ordered may result in dismissal of the case.

CRITICAL

Each party must pay the class provider’s fee when attending the Marriage Termination/Parent Education Class.

B. Class Fee A fee determined and set by the class providers must be paid by each party upon attendance.

CRITICAL

Fee

$50

Applies to

Cqe petition

CQE petitioners must pay a $50 court cost deposit to complete filing after ODRC determines the electronic petition is complete.

After the petition for a CQE has been submitted electronically and is determined to be complete by the ODRC, Petitioner shall appear at the office of the clerk of courts, within 30 days of electronic submission, to complete filing and pay a court cost deposit of $50.00.

CRITICAL

Applies to

Petition for a CQE

Petitioners filing directly with the clerk of courts must pay the filing fee upon filing.

clerk of courts, the filing fee must be paid upon filing.

CRITICAL

Fee

300 $

Applies to

Complaint or petition

A complaint or petition against one defendant or respondent, including a Third-Party Complaint, requires a $300.00 deposit, or $148.00 for Administrative Appeals.

Complaints and Petitions, against one $300.00

CRITICAL

Fee

148 $

Applies to

Administrative appeal

The fee for an administrative appeal is $148.

$148.00 for Administrative Appeals

CRITICAL

Fee

300 $

Applies to

Initial jury demand

An initial jury demand costs $300.

Initial Jury Demand $300.00

CRITICAL

Fee

100 $

Applies to

Counterclaim

A counterclaim costs $100.

Counterclaims $100.00

CRITICAL

Fee

105 $

Applies to

Motion or execution filing

Motions to modify or reopen, executions, proceedings in aid of executions, garnishments, and foreign judgments cost $105.

Motions to Modify or Reopen, Executions, Proceedings in Aid of Executions, Garnishments, and Foreign Judgments $105.00

CRITICAL

Fee

40 $

Applies to

Praecipe for service

A praecipe for service issued to the Tuscarawas County Sheriff or a foreign sheriff costs $40 per name or address and writ.

Praecipe for Service issued to Tuscarawas County $40.00 each per name or address and writ

CRITICAL

Fee

150 $

Applies to

Praecipe for order of possession

A praecipe for an order of possession issued to the Tuscarawas County Sheriff costs $150.

Praecipe for Order of Possession issued to Tuscarawas $150.00

CRITICAL

Fee

10 $

Applies to

Praecipe for service

A praecipe for service not issued to the Sheriff and filed after the initial filing costs $10 per name or address and writ.

Praecipe for Service for service not issued to Sheriff $10.00 per name or address and writ

CRITICAL

Fee

40 $

Applies to

Praecipe for subpoena

A praecipe for a subpoena issued to the Tuscarawas County Sheriff costs $40 each.

Praecipe for Subpoena issued to Tuscarawas County $40.00 each

CRITICAL

Fee

40 $

Applies to

Praecipe for subpoena

A praecipe for a subpoena issued to a foreign sheriff costs $40 plus a separate check for witness fees.

Praecipe for Subpoena issued to foreign sheriff $40.00 plus an additional check for witness fees – see section for statutory witness fees

CRITICAL

Fee

3 $

Applies to

Praecipe for subpoena

A praecipe for a subpoena served by the filing attorney costs $3 each.

Praecipe for Subpoena when served by filing attorney $3.00 each

CRITICAL

Fee

800 $

Applies to

Praecipe for order of sale

A praecipe for an order of sale costs $800 for residential property or $885 for other property, with publishing costs paid directly to the publisher.

Praecipe for Order of Sale $800.00 residential; $885.00 for other; Publishing costs paid directly to publisher

CRITICAL

Fee

35 $

Applies to

Certificate of judgment lien

A certificate of judgment lien costs $35 for a judgment from this court or $30 for a judgment from another court.

Certificate of Judgment Liens $35.00 if judgment is from this court $30.00 if judgment is from another court

CRITICAL

Fee

50 $

Applies to

Motion or application to seal criminal record

A motion or application to seal a criminal record citing R.C. 2953.32 costs $50.

Motion or Application to Seal Criminal Record $50.00 for motion/application citing R.C. 2953.32

CRITICAL

Fee

50 $

Applies to

Petition for certificate of qualification for employment

A petition for a Certificate of Qualification for Employment costs $50.

Petition for a Certificate of Qualification for $50.00

CRITICALCivil cases

Applies to

Petition for Waiver of Filing Fee and Court Cost Deposit

A party unable to prepay or secure costs in a domestic relations case must file a fee-waiver petition and supporting affidavit.

A party who is unable to prepay or give security for costs in domestic relations cases shall file a Petition for Waiver of Filing Fee and Court Cost Deposit and an Affidavit in Support of Petition for Waiver of Filing Fee.

CRITICALCivil cases

Applies to

Court cost deposit

If the fee-waiver petition is denied, the party must pay the deposit ordered by the Court, and failure to do so may result in dismissal.

If the Petition is denied, a deposit shall be made in accordance with Court Order. Failure to pay the deposit as ordered may result in dismissal of the case.

CRITICALCivil cases

Each party must pay the class provider’s fee upon attending the class; the provider sets the fee.

A fee determined and set by the class providers must be paid by each party upon attendance.

CRITICAL

Required financial deposits must be made before the clerk accepts a filing, except for criminal filings or as otherwise provided by law.

No filings except criminal filings, shall be accepted for filing by the clerk unless all required financial deposits have been made to secure the payment of the court costs that may accrue in the action, except as otherwise provided by law.

CRITICAL

Applies to

Legal notice

A party requesting a legal notice must prepare it and prepay the publisher's cost.

Parties requesting legal notices shall prepare the legal notice and prepay the cost of the notice to the legal publisher.

CRITICAL

Applies to

Facsimile filing

Documents requiring a filing fee or clerk service cannot be filed by fax; fax filing fees may be assessed, and documents tendered without required payment or complete charge information will not be filed.

No document shall be accepted by the clerk of courts for facsimile filing if it requires a filing fee or service by the clerk of courts. The clerk of courts may assess fees for a facsimile filing as set forth in R.C. 2303.20(Y). See Exhibit “A.” Documents tendered to the clerk without payment of court costs and fees, or with incomplete information on the charge authorization or request, or that do not conform to applicable rules will not be filed.

CRITICAL

Documents may not be filed if court costs or fees are unpaid, charge authorization or request information is incomplete, or the documents do not comply with applicable rules.

Documents tendered to the clerk without payment of court costs and fees, or with incomplete information on the charge authorization or request, or that do not conform to applicable rules may not be filed.

WARNINGCivil cases

Required title-work expenses include a base search fee capped at $200 and a Judicial Report premium based on property value, with a foreclosure-specific premium basis; these costs are taxed in the case.

The expenses of title work required under this rule include a base search fee not to exceed $200.00 and a premium on the Judicial Report issued, based on the fair market value of the property. In the case of a foreclosure, the premium on the Judicial Report will be based upon the final principal balance due on the first lien or such additional amount as may be allowed by the Court for each property involved. The costs shall be taxed as part of the costs in the case.

WARNING

The clerk may assess facsimile filing fees as provided by R.C. 2303.20(Y).

The clerk of courts may assess fees for a facsimile filing as set forth in R.C. 2303.20(Y). See Exhibit “A.”

WARNING

Applies to

Email filing

The clerk of courts may assess fees for an email filing as set forth in R.C. 2303.20(Y). See Exhibit “A” for a per page cost for printing the filing.

The clerk of courts may assess fees for an email filing as set forth in R.C. 2303.20(Y). See Exhibit “A” for a per page cost for printing the filing.

WARNING

The expense of procuring and updating the instrument of title is taxed as costs in the case.

In all of the above cases, the expense of procuring and updating the instrument of title shall be taxed as costs in the case.

WARNING

Required title work includes a base search fee capped at $200 and a Judicial Report premium based on the property’s fair market value.

The expenses of title work required under this rule include a base search fee not to exceed $200.00 and a premium on the Judicial Report issued, based on the fair market value of the property.

WARNING

In a foreclosure, the Judicial Report premium is based on the final principal balance due on the first lien or an additional amount allowed by the Court for each property.

In the case of a foreclosure, the premium on the Judicial Report will be based upon the final principal balance due on the first lien or such additional amount as may be allowed by the Court for each property involved.

WARNING

Unless the Court directs otherwise, attorneys in a real-estate partition are allowed fees calculated on the appraised value or gross sale proceeds at the stated rates, with a $100 minimum.

Unless the Court should direct otherwise, the attorneys for the parties for all services in a case of partition of real estate shall be allowed the following fees: On the appraised value of the real estate if partitioned, or on the gross proceeds of the sale if sold, 8% of the first $5,000.00, 6% on the next $10,000.00, and 2% on the balance, provided, however, that such fee shall not be less than $100.00.

WARNING

Applies to

Deed recording

The Sheriff’s Office charges a fee to cover the actual costs of recording the deed.

The Sheriff’s Office charges a fee to cover the actual costs of recording the deed.

WARNING

Fee

$154

Applies to

Appeal from common pleas court

The deposit for an appeal from Common Pleas Court is $154.00.

Appeal from Common Pleas Court $154.00

WARNING

Fee

$103

Applies to

Appeal from municipal or county court

The deposit for an appeal from Municipal or County Court is $103.00.

Appeal from Municipal or County Court $103.00

WARNING

Fee

$365

Applies to

Complaint or petition involving children

The deposit for complaints or petitions in matters involving children, including third-party complaints, is $365.00.

Complaints/Petitions in matters involving children, $365.00 dissolution including Third-Party Complaints $365.00 divorce or other

WARNING

Fee

$90

Applies to

Agreed post decree motion

The deposit for an agreed post-decree motion is $90.00.

Agreed post-decree motions $90.00

WARNING

Fee

$270

Applies to

Complaint or petition not involving children

The deposit for complaints or petitions in matters not involving children, including third-party complaints, is $270.00.

Complaints/Petitions in matters not involving $270.00 dissolution children, including Third-Party Complaints $270.00 divorce or other

WARNING

Fee

$100

Applies to

Counterclaim

The filing deposit for a counterclaim is $100.00.

Counterclaims $100.00

WARNING

Fee

$35

Applies to

Motion to convert dissolution to divorce

The deposit for a motion to convert a dissolution to divorce is $35.00.

Motion to Convert a Dissolution to Divorce $35.00

WARNING

Fee

$15

Applies to

Registration of foreign support order

The deposit for filing a registration of a foreign support order is $15.00.

Filing of a Registration of Foreign Support Order $15.00

WARNING

Fee

$145

Applies to

Motion to show cause for contempt

The deposit for a motion to show cause for contempt is $145.00.

Motions to Show Cause for Contempt $145.00

WARNING

Fee

$170

Applies to

Post decree motion to modify

A post-decree motion to modify requires a $170.00 deposit, reduced to $135.00 if the case was mediated post-decree within the two months immediately before filing.

Post-decree Motions to Modify $170.00 or $135.00 if the case was mediated post- decree within two months immediately prior to filing post-decree motion

WARNING

Fee

$55

Applies to

Agreed post decree entry

Agreed post-decree entries filed after final decree require a $55.00 base deposit, plus $3.00 per page of the order, $.80 per affidavit, and $5.00 for each party served if service is required.

Agreed post-decree entries including QDRO’s filed $55.00 plus $3.00 per page of order plus after final decree $.80 per affidavit and $5.00 for each party served if the entry requires service

WARNING

Fee

$50

Applies to

Application for post decree mediation

An application for post-decree mediation without filing a post-decree motion requires a $50.00 deposit.

Application for Post-Decree Mediation $50.00 (without filing post-decree motion)

WARNING

Fee

$2.5

Applies to

Notice of intent to relocate

The deposit for a notice of intent to relocate is $2.50.

Notice of Intent to Relocate $2.50

WARNING

Fee

0.25 $

Applies to

Service copies

Service copies for email filings cost $0.25 per page.

$0.25/page for service copies.

WARNING

Fee

12 $

Applies to

Witness fees

Statutory witness fees are $12 per whole day or $6 per half day.

Statutory Witness Fees $12.00 per whole day, $6.00 per half day

WARNING

Applies to

Witness mileage

Witness travel mileage is charged at $0.55 per mile, subject to change.

**$.55 per mile for travel per R.C. 2335.06, R.C. 2335.08 and Tuscarawas County Commissioner Resolution **this rate is subject to change

WARNING

Fee

5 $

Applies to

Lien transfer

Making a lien to transfer it to another court costs $5.

-Making a lien to transfer it to another court $5.00

WARNING

Fee

5 $

Applies to

Release of judgment lien

Releasing a judgment lien costs $5 plus all outstanding court costs.

-Release of Judgment liens $5.00 plus all outstanding court costs

WARNING

Applies to

Case document copy

Copies of case documents cost $0.10 per page.

Copies of Case Documents $.10 for each page

WARNING

Fee

2 $

Applies to

Certified case document copy

A certified copy of a case document costs $2 per document.

Certified Copies of Case Documents $2.00 for each document

WARNING

Applies to

Email filing

The clerk of courts may assess fees for an email filing under R.C. 2303.20(Y).

The clerk of courts may assess fees for an email filing as set forth in R.C. 2303.20(Y). See Exhibit “A” for a per page cost for printing the filing.

INFO

The Court's mediator handles civil and domestic relations cases at no cost to the parties beyond the initial filing fee.

The Court employs one full-time mediator/mediation coordinator who mediates civil and domestic relations cases at no cost to the parties beyond the initial filing fee.

INFO

There is no charge to participate in pre-filing divorce or dissolution mediation.

There is no cost to the parties to participate.

INFO

Applies to

Motion or application to seal criminal record

No deposit is required for a motion or application to seal a criminal record citing R.C. 2953.52.

No deposit required for motion/application citing R.C. 2953.52

INFO

Applies to

Case document copy

Copies of case documents cost $0.10 per page.

Copies of case documents can be obtained from the office of the clerk of courts for $.10 per page.

INFO

Fee

$4.5

Applies to

Original transcript

The original transcript costs $4.50 per page, including a copy for the requesting party.

For the original, the cost is $4.50 per page (cost includes copy to ===== PAGE 2 ===== requesting party).

INFO

Fee

$0.1

Applies to

Transcript copy for non requesting party

A transcript copy for a non-requesting party or others costs $0.10 per page.

• For a copy to a non-requesting party or others, the cost is $0.10 per page.

INFO

Applies to

Electronic copy of previously prepared transcript

Electronic copies of previously prepared transcripts are available free by email.

• Electronic copies of previously prepared transcripts are available free of charge via e-mail.

INFOCivil cases

Applies to

Petition for Waiver of Filing Fee and Court Cost Deposit

The Court will rule on a fee-waiver petition after setting it for non-oral consideration.

The Court will rule on the Petition after setting the matter for non-oral consideration.