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

CRITICAL

Fee

25

Applies to

Motion for temporary order

A motion for temporary orders in a domestic relations matter carries an additional $25 fee.

c. Motion(s) for temporary orders, an additional $ 25.00

CRITICAL

Fee

275

Applies to

Motion to vacate revive or modify domestic relations judgment

Unless the court orders otherwise, a motion to vacate, revive, or modify a domestic relations judgment requires payment of previously ordered unpaid court costs and a $275 deposit.

e. Motion to vacate, revive or modify a former judgment entry in a domestic relation action, unless otherwise ordered by the Court, the moving party shall pay all unpaid court costs which said party has been ordered to pay and in addition thereto shall deposit $275.00

CRITICAL

Fee

500

Applies to

Jury trial demand

A jury trial demand must be made 21 days before the scheduled trial and carries a $500 fee.

k. Jury Trial Demand (21 days prior to schedule trial) $500.00

CRITICAL

Fee

880

Applies to

Cross claim or third party claim

A cross-claim or third-party claim in a real estate action carries an $880 filing fee.

◼ Cross-claims and third party claims $880.00

CRITICAL

Fee

165

Applies to

Appeal

Filing an appeal with the Court of Appeals requires a $165 fee.

7. Filing an Appeal with the Court of Appeals $165.00

CRITICAL

Fee

100

Applies to

Motion for relief from disability

A motion for relief from disability under R.C. 2923.14 requires a $100 fee.

4. Motion for Relief from Disability (R.C. 2923.14) $100.00

CRITICAL

Applies to

Home study investigation motion

The Court will set a fee deposit after the home-study motion is filed, and failure to deposit it timely will result in denial of the request.

The Court will set a fee deposit after the filing of the motion. Failure to timely deposit the fee will result in denial of the request.

CRITICAL

Fee

225

Applies to

Motion to vacate revive or modify judgment

Unless the court orders otherwise, a motion to vacate, revive, or modify a former civil judgment requires payment of previously ordered unpaid court costs and a $225 deposit.

g. Motion to vacate, revive or modify a former judgment entry of this court in a civil action, unless otherwise ordered by the Court, the moving party shall pay all unpaid court costs which said moving party has been ordered to pay and in addition thereto shall deposit $225.00

CRITICAL

Applies to

Civil action or proceeding

Civil actions and proceedings require an advance deposit to secure costs and payment of established fees before the Clerk will accept them for filing, except as otherwise provided 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 and established fees except as otherwise provided by law. Such advance deposit and fees shall be in accordance with the schedule as adopted by this Court and as may be amended and as contained in Appendix A.

CRITICAL

Fee

50

Applies to

Foreign subpoena

Filing a foreign subpoena requires a $50 fee.

j. Foreign subpoenas $ 50.00

CRITICAL

Applies to

Court appointed counsel expense reimbursement

Expense reimbursement above the stated fee maximums requires the Court's prior approval.

Reimbursement for expenses that exceed the above stated maximums will be made only with prior approval of the Court.

CRITICAL

Fee

75

Applies to

Qualifying domestic relations order

A qualifying domestic relations order requires a $75 fee.

g. Qualifying Domestic Relations Order $ 75.00

CRITICAL

Fee

$100

Applies to

Sealing or expungement application

An applicant filing a record-sealing or expungement application must pay a $50 application fee and a $50 local court fee, totaling $100 regardless of the number of records, unless the applicant submits a poverty affidavit showing indigence.

Upon the filing of an application to seal or expunge a record, the applicant, unless the applicant presents a poverty affidavit showing that the applicant is indigent, shall pay an application fee of fifty dollars ($50.00) and shall pay a local court fee of fifty dollars ($50.00), for a total fee of one hundred dollars ($100.00) regardless of the number of records the application requests to have sealed or expunged.

CRITICAL

Registered e-filers must establish an account for electronic payment of filing and other fees.

Registered e-filers must establish an appropriate account for electronic payment of filing and other fees.

CRITICAL

Fee

20

Applies to

Service of process

Personal service or out-of-county service requires an additional $20 fee per person.

c. Personal service or out of county service, an additional $ 20.00 per person

CRITICAL

Applies to

Appellate court appointed counsel fees

Appellate reimbursement requires the OPD-E-204 certificate, Appellate Court approval, and compliance with the applicable prescribed maximum.

Reimbursement shall be made when submitted with the appropriate certificate [OPD-E-204], approved by the Appellate Court, and within the prescribed fees as permitted by the following maximum amounts for these offense classifications:

CRITICAL

Fee

5

Applies to

Certificate of judgment preparation

Preparation of a certificate of judgment requires a $5 fee.

To prepare Certificate of Judgment $ 5.00

CRITICAL

Fee

5

Applies to

Release of certificate of judgment

Releasing a certificate of judgment requires a $5 fee.

n. To Release Certificate of Judgment $5.00

CRITICAL

Fee

25

Applies to

Out of county personal service

Personal service outside the county requires $25 per person.

d. Personal service out of county $ 25.00 per person

CRITICAL

Fee

1250

Applies to

Real estate action

A real estate action carries a $1,250 filing fee, with a $225 allowance for appraisers’ fees and possible additional appraisal fees; cross-claims and third-party claims carry an $880 fee.

b. Real estate actions ($225.00 allowance for appraisers’ fees, additional appraisal fees may $1250.00 be required by Clerk for commercial and/or agricultural properties at any time – see Loc.R. 3.07) ◼ Cross-claims and third party claims $880.00

CRITICAL

Fee

175

Applies to

Proceeding in aid of execution

Proceedings in aid of execution carry a $175 filing fee.

e. Proceedings in aid of execution $175.00

CRITICAL

Fee

5

Applies to

Partial release of lien

Filing a partial release of lien requires a $5 fee.

To file a Partial Release of Lien $5.00

CRITICAL

Fee

100

Applies to

Petition for certificate for qualification of employment

A petition for a certificate for qualification of employment requires a $100 fee.

6. Petition for Certificate for Qualification of Employment $100.00

CRITICAL

Applies to

Arbitrator fees

Parties must deposit with the Clerk of Courts the court-ordered amount guaranteeing arbitrator fees within 14 days of the order.

To guarantee the arbitrators’ fees, the parties shall deposit with the Clerk of Courts the sum ordered by the Court within fourteen (14) days of said order.

CRITICAL

Fee

50

Applies to

Foreign judgment

Filing a foreign judgment requires a $50 fee.

i. Foreign Judgments $ 50.00

CRITICAL

Fee

35

Applies to

Release of state tax or workers compensation liens

Releasing state tax liens or workers’ compensation liens requires a $35 fee plus unpaid court costs.

To Release State Tax Liens, Workers Comp Liens $35.00 + Unpaid Court Costs

CRITICAL

Fee

250

Applies to

Writ of possession

A writ of possession carries a $250 fee when a private selling officer is used.

l. Writ of Possession (when private selling officer utilized) $250.00

CRITICAL

Fee

100

Applies to

Objection to notice to relocate

An objection to a notice to relocate in a domestic relations case requires a $100 fee.

f. Objections to Notice to Relocate on Domestic Relations cases $100.00

CRITICAL

Fee

375

Applies to

Domestic relations complaint petition cross claim or counterclaim

Domestic relations complaints, petitions, cross-claims, and counterclaims require a $375 filing fee.

2. a. Domestic Relations Complaints, Petitions, Cross-Claim, Counter Claim $375.00

CRITICAL

Fee

325

Applies to

Civil petition complaint counterclaim cross claim or third party claim

A $325 filing fee is required for civil petitions, complaints, counterclaims, cross-claims, and third-party claims.

1. a. Civil Petitions, Complaints, Counterclaims, Cross-claims and third party claims $325.00

CRITICAL

Fee

20

Applies to

Service of process

Personal service or out-of-county service in a domestic relations matter requires an additional $20 per person.

b. Personal service or out of county service, $ 20.00 an additional per person

CRITICAL

Fee

100

Applies to

Criminal sealing or expungement proceeding

A criminal sealing or expungement proceeding for which all past court costs have been paid requires a $50 application fee and a $50 court fee, totaling $100.

3. Criminal Sealing or Expungement proceedings where all past court costs have been paid (application fee: $50.00; court fee: $50.00) $ 100.00

CRITICAL

Fee

50

Applies to

Case with more than five defendants

Cases with more than five defendants require an additional $50 fee.

f. In cases where there are over five (5) defendants, an additional $ 50.00

CRITICAL

Fee

650

Applies to

Motor vehicle seizure

Seizure of a motor vehicle upon replevin or execution carries an additional $650 fee.

h. For seizure of motor vehicle upon REPLEVIN or execution, an additional $650.00

CRITICAL

Fee

30

Applies to

Certificate of judgment

Filing a certificate of judgment requires a $30 fee.

m. To File Certificate of Judgment $30.00

CRITICAL

Fee

$2

Applies to

Fax transmission

Each incoming or outgoing fax transmission costs $2.00, plus $1.00 per page.

Costs to be charged for both incoming and outgoing fax transmissions shall be Two Dollars ($2.00) per transmission plus One Dollar ($1.00) per page.

CRITICAL

Fee

450

Applies to

Child custody home study investigation

A child-custody home study investigation requires an additional $450 fee.

d. Child custody, home study investigation, an additional $450.00

CRITICAL

Applies to

Attorney compensation request

Payment or reimbursement requires submission of an OPD-1026 attorney fee certificate and a trial-judge-approved Financial Disclosure Form.

Payment and/or reimbursement for expenses associated with providing representation shall be made upon submission of the attorney’s fee certificate OPD-1026 and Financial Disclosure Form which has been approved by the trial judge.

CRITICAL

Fee

$150

Applies to

CQE petition

A $150 deposit is required before action is taken on a CQE petition, and the petitioner may request a fee reduction by submitting a financial disclosure form for approval before filing.

Before any action is required to be taken on the Petition, the Petitioner must pay a deposit in the amount of $150.00. The Petitioner may submit a Financial Disclosure Form or other relevant information for the Court’s consideration if requesting a reduction in the filing fees. Said Financial Disclosure Form shall be submitted to the Court for approval prior to the filing of petition.

CRITICAL

Applies to

Foreclosure action

A filing fee applies to foreclosure actions, with the fee specified in Appendix A(1)(b).

The filing fee for foreclosure actions is provided in Appendix A(1)(b).

WARNING

Applies to

Attorney payment request

Payment requests submitted more than 30 days after final court disposition will not be honored unless the court approves the late request.

No fees will be paid if the request for payment is submitted to the assigned Judge more than thirty (30) days after the case is finally disposed of by the Court termination, except upon approval of the Court.

WARNING

Applies to

Fax transmission

Unless advance arrangements are made, fax costs are charged to the case in which the documents will be filed.

Unless otherwise arranged for in advance, the costs shall be charged to the case in which the documents are to be filed.

WARNING

Incoming and outgoing fax transmissions cost $2 per transmission plus $1 per page, ordinarily charged to the case unless arranged otherwise in advance.

(G) Fees and Costs Costs to be charged for both incoming and outgoing fax transmissions shall be Two Dollars ($2.00) per transmission plus One Dollar ($1.00) per page. Unless otherwise arranged for in advance, the costs shall be charged to the case in which the documents are to be filed.

WARNING

Applies to

Transcript deposit

The transcript deposit under Local Rule 9.02 is set by the court.

5. Deposit for transcript under Local Rule 9.02 as set by the Court

WARNING

Applies to

Arbitrator fees

If multiple defendants cannot agree on their proportionate deposit shares, the assigned judge must apportion the deposit upon proper motion, and the court may order additional deposits when proper.

When there are multiple defendants and they cannot agree as to their proportionate share of the deposit, upon proper motion, the judge to whom the case is assigned shall order the apportionment. When it appears proper, the Court may order additional deposits.

WARNING

Applies to

Receiver and professional fees

The trial judge has sound discretion to allow receiver, counsel, and receiver-employed professional fees after considering responsibility complexity, results achieved for creditors, and other relevant facts.

Fees allowed for services by a receiver, counsel, and professionals employed by a receiver shall be within the sound discretion of the trial judge, giving due consideration to the complexity of the receiver’s or professional’s responsibilities, results achieved for creditors, and other relevant facts.

WARNING

Fee

$20

Applies to

Cause of action appeal certificate of judgment or judgment related request

An additional $20 fee applies to specified case filings, judgments, and docketing or indexing of judgment-related requests.

The Clerk of this Court is directed and hereby authorized to charge an additional fee of Twenty Dollars ($20.00) upon the filing of each cause of action, appeal, certificate of judgment, or the docketing and indexing of each aid in execution or petition to vacate, revive, or modify a judgment under R.C. 2303.20(A), (P), (Q), (T), and (U).

WARNING

Applies to

Credit card service charge

Registered e-filers may incur an additional credit-card service charge.

Registered e-filers may be subject to an additional fee for credit card service charges.

WARNING

Fee

$100

Applies to

Cancelled child custody investigation

The minimum compensation for a cancelled child-custody investigation is $100.00.

A minimum compensation for a cancelled child custody investigator shall be $100.00.

WARNING

Applies to

Court appointed counsel expense reimbursement

Reimbursement above the stated compensation maximums requires court approval obtained through an appropriate motion.

Reimbursement for expenses that exceed the above stated maximums will be made only with approval of the Court after appropriate motion.

WARNING

Applies to

Guardian ad litem fees

Guardian ad litem fees are set by the court under Rule 20.06(F).

h. GAL Fees as set by the Court, see Rule 20.06(F)

WARNING

Fee

$500

Applies to

Court appointed counsel compensation

Court-appointed attorney compensation for contempt of court is capped at $500, calculated at $75 per hour for both in-court and out-of-court work.

The fee schedule for Court appointed attorneys is fixed by the County Commissioners and is current at $500.00 maximum for contempt of Court on the basis of $75.00 per hour both for “in court” and “out of court” representation.

WARNING

Fee

$6

Applies to

Cause of action or appeal

An additional $6 filing fee is charged for each cause of action or appeal.

The Clerk of the Common Pleas Court to charge one additional fee of Six Dollars ($6.00) on the filing of each cause of action or appeal.

WARNING

Applies to

Seizure of oversized property or equipment

Seizure of farm machinery, a mobile home, roadworking equipment, or another oversized unit requires an additional fee determined by the court in each case.

For seizure of farm machinery, mobile home, roadworking equipment or other oversized units an additional amount to be determined by the Court in each particular case.

WARNING

Applies to

Arbitrator fees

Arbitrators lose the scheduled fee if the case is settled or dismissed more than two workdays before the hearing, but receive it when settlement or dismissal occurs within that two-workday period.

(D) In the event that a case shall be settled or dismissed sooner than two (2) days prior to the date scheduled for the hearing, the arbitrators shall not be entitled to the aforesaid fee. In the event that a case has been settled or dismissed within said two (2) work day period, the arbitrators shall be entitled to receive said fee.

WARNING

Fee

$100

Applies to

Civil domestic relations or criminal case commencement or reopening

A $100 fee is charged when commencing or reopening civil, domestic relations, and criminal cases, subject to the stated exceptions.

the fee of One Hundred Dollars ===== PAGE 26 ===== ($100.00) shall be charged at the commencement and re-opening of all civil, domestic relations, and criminal cases, effective May 1, 2020. This Rule shall not apply to Certificate of Qualification of Employment filings or Motions for Relief from Disability pursuant to R.C. 2923.14.

WARNING

Applies to

Necessary case initiation paperwork

The Clerk of Court will charge the cost of printing necessary paperwork as court costs.

The cost of printing the necessary paperwork shall be charged as costs by the Clerk of Court.

INFO

Fee

2000 $

Applies to

Appellate murnahan rule 26b level 3 felony trial

The maximum appellate fee is $2,000 for a Murnahan Rule 26(B) Level 3 felony trial.

26(B) MURNAHAN FELONY $2,000.00 TRIAL (Level 3)

INFO

Applies to

Post conviction aggravated murder with death sentence

No maximum post-conviction or habeas fee applies when a death sentence was imposed in an aggravated-murder case.

AGGRAVATED MURDER No maximum fee. (Death sentence imposed)

INFO

Fee

2500 $

Applies to

Appellate level 4 5 felony trial

The maximum appellate fee is $2,500 for Level 4-5 felony trials.

FELONY TRIAL (Level 4-5) $2,500.00

INFO

Fee

2500 $

Applies to

Misdemeanor ovi

The appointed-counsel fee maximum is $2,500 for a misdemeanor OVI.

MISDEMEANOR OVI $2,500.00

INFO

Applies to

Record or document copying

General copying fees are calculated at the cost per copied page.

Said fees shall be calculated at the cost for each page copied.

INFO

Fee

1000 $

Applies to

Appellate misdemeanor plea

The maximum appellate fee is $1,000 for a misdemeanor plea.

MISDEMEANOR PLEA $1,000.00

INFO

Fee

10000 $

Applies to

Murder

The appointed-counsel fee maximum for murder is $10,000.

MURDER $10,000.00

INFO

Fee

2500 $

Applies to

Level 3 felony post conviction petition or new trial motion

The maximum post-conviction fee is $2,500 for a Level 3 felony post-conviction petition or new-trial motion.

FELONY (Level 3) $2,500.00 (Post-conviction Petition/New Trial Mtn.)

INFO

Fee

2000 $

Applies to

Level 1 4 misdemeanor

The appointed-counsel fee maximum is $2,000 for Level 1-4 misdemeanors.

MISDEMEANOR (Level 1-4) $2,000.00

INFO

Fee

750 $

Applies to

Community control violation or judicial release revocation

The maximum fee for a community-control violation or judicial-release revocation proceeding is $750.

VIOLATION OF COMMUNITY CONTROL/ $750.00 REVOCATION OF JUDICIAL RELEASE

INFO

Fee

8000 $

Applies to

Level 1 2 felony

The appointed-counsel fee maximum is $8,000 for Level 1-2 felonies.

FELONIES (Level 1-2) $8,000.00

INFO

Fee

1500 $

Applies to

Appellate felony plea

The maximum appellate fee is $1,500 for a felony plea.

FELONY PLEA $1,500.00

INFO

Fee

75 $

Applies to

Appellate proceedings without death sentence

Appellate reimbursement for proceedings not involving a death sentence is $75 per hour for out-of-court and in-court representation.

Reimbursement for appellate level proceedings not involving the imposition of a death sentence shall be made on the basis of $75.00 per hour of representation for both out-of-court and in-court services

INFO

Applies to

Aggravated murder appellate proceedings with death sentence

No maximum appellate fee applies when a death sentence was imposed in an aggravated-murder case.

AGGRAVATED MURDER No maximum fee. (Death sentence imposed)

INFO

Fee

4000 $

Applies to

Level 1 2 felony post conviction petition or new trial motion

The maximum post-conviction fee is $4,000 for a Level 1-2 felony post-conviction petition or new-trial motion.

FELONY (Level 1-2) $4,000.00 (Post-conviction Petition/New Trial Mtn.)

INFO

Fee

125 $

Applies to

Appellate cases with death sentence

Appellate reimbursement is $125 per hour for both out-of-court and in-court representation when a death sentence is imposed.

$125.00 per hour for both out-of-court and in-court services for cases where a death sentence is imposed.

INFO

Fee

8000 $

Applies to

Appellate proceeding cumulative minimum sentence over 25 years

The maximum appellate fee is $8,000 when the cumulative minimum sentence exceeds 25 years.

CUMULATIVE MINIMUM SENTENCE $8,000.00 EXCEEDS 25 YEARS

INFO

Fee

$2

Applies to

Emailed copy

Emailing copies costs $2 per transmission plus $1 per page.

the fees for emailing copies shall be Two Dollars ($2.00) per transmission and One Dollar ($1.00) per page.

INFO

Applies to

Record or document copying

The Clerk may charge a fee for copying requested records or documents maintained in the Clerk’s office.

The Clerk is authorized to charge a fee for the copying of any records or documents requested by parties or public at large that are maintained in the office of the Clerk of Courts.

INFO

Applies to

Arbitrator fees

Arbitrator compensation must be paid by warrant from costs advanced through the Office of the Clerk of Courts.

(C) All compensation for arbitrators shall be paid upon proper warrant and shall be taken from the costs advanced through the Office of the Clerk of Courts.

INFO

Fee

3500 $

Applies to

Appellate level 3 felony trial

The maximum appellate fee is $3,500 for Level 3 felony trials.

FELONY TRIAL (Level 3) $3,500.00

INFO

Fee

1500 $

Applies to

Appellate osc jurisdiction memorandum

The maximum appellate fee is $1,500 for an OSC jurisdiction memorandum.

OSC JURISDICTION MEMORANDUM $1,500.00

INFO

Fee

3000 $

Applies to

Appellate murnahan rule 26b level 1 2 felony trial

The maximum appellate fee is $3,000 for a Murnahan Rule 26(B) Level 1-2 felony trial.

26(B) MURNAHAN FELONY $3,000.00 TRIAL (Level 1-2)

INFO

Fee

$1

Applies to

Certified copy

Certified copies cost $1 per page.

the fees for certified copies shall be One Dollar ($1.00) per page.

INFO

Fee

15000 $

Applies to

Aggravated murder without special circumstances

The appointed-counsel fee maximum is $15,000 for one attorney or $20,000 for two attorneys in aggravated-murder cases without special circumstances.

AGGRAVATED MURDER (w/o specs) $15,000.00/1 atty. $20,000.00/2 attys.

INFO

Fee

3500 $

Applies to

Level 4 5 felony

The appointed-counsel fee maximum is $3,500 for Level 4-5 felonies.

FELONIES (Level 4-5) $3,500.00

INFO

Applies to

Arbitrator fees

Fees paid to arbitrators shall be taxed as costs.

(B) Fees paid to arbitrators shall be taxed as costs.

INFO

Fee

1500 $

Applies to

State habeas

The maximum post-conviction fee for a state habeas proceeding is $1,500.

STATE HABEAS $1,500.00

INFO

Fee

75 $

Applies to

Post conviction and state habeas without death sentence

Post-conviction and state habeas reimbursement without a death sentence is $75 per hour for out-of-court and in-court representation.

Payment for post-conviction and state habeas corpus proceedings where a death sentence was not imposed shall be made on the basis of $75.00 per hour of representation for both out-of-court and in- court services

INFO

Fee

$1

Applies to

Service under rc 2303 20 b c d f h or l

An additional fee of up to $1 applies for each service listed in R.C. 2303.20(B), (C), (D), (F), (H), and (L).

the Clerk of the Common Pleas Court is authorized to charge an additional fee not to exceed One Dollar ($1) each for the services described in R.C. 2303.20 (B),(C),(D),(F),(H), and (L).

INFO

Applies to

Aggravated murder with special circumstances

No maximum fee is set for appointed counsel in aggravated-murder cases with special circumstances.

AGGRAVATED MURDER (w/specs) No fee maximum.

INFO

Fee

1000 $

Applies to

Appellate murnahan rule 26b level 4 5 felony trial

The maximum appellate fee is $1,000 for a Murnahan Rule 26(B) Level 4-5 felony trial.

26(B) MURNAHAN FELONY $1,000.00 TRIAL (Level 4-5)

INFO

Fee

5000 $

Applies to

Appellate level 1 2 felony trial

The maximum appellate fee is $5,000 for Level 1-2 felony trials.

FELONY TRIAL (Level 1-2) $5,000.00

INFO

Fee

125 $

Applies to

Post conviction and state habeas with death sentence

Post-conviction and state habeas reimbursement is $125 per hour for out-of-court and in-court representation when a death sentence was imposed.

$125.00 per hour for both out-of-court and in- court services for cases where a death sentence is imposed

INFO

Fee

5000 $

Applies to

Level 3 felony

The appointed-counsel fee maximum is $5,000 for Level 3 felonies.

FELONIES (Level 3) $5,000.00

INFO

Fee

10000 $

Applies to

Felony with possible life sentence rvo mdo

The appointed-counsel fee maximum is $10,000 for a felony with a possible life sentence under RVO or MDO.

FELONY w/possible life sentence/ $10,000.00 RVO/MDO

INFO

Fee

1750 $

Applies to

Level 4 5 felony post conviction petition or new trial motion

The maximum post-conviction fee is $1,750 for a Level 4-5 felony post-conviction petition or new-trial motion.

FELONY (Level 4-5) $1,750.00 (Post-conviction Petition/New Trial Mtn.)