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

CRITICAL

Fee

450

Applies to

Divorce or dissolution with children

A base deposit of $450 is required for divorce or dissolution with children, with an additional $30 for each child ages 5–17 in Williams and Henry Counties.

DIVORCE / DISSOLUTION – WITH CHILDREN + plus an additional $30.00/child between the age of 5-17 (Williams & Henry only) | $450.00+

CRITICAL

Fee

100

Applies to

Original action

A $100 fee is required for an original action.

ORIGINAL ACTION | $100.00

CRITICAL

Fee

$350

Applies to

Jury fee deposit

The first party making a civil jury demand must deposit $350 with the clerk at least 10 days before trial; failure to do so waives jury service, and the deposit includes a $25 call jury fee.

JURY FEE DEPOSIT -- The first party making a jury demand in a civil action before this court shall deposit $350 with the Clerk of Courts no later than 10 days before the scheduled trial date. Failure to deposit $350 within the time allotted shall constitute a waiver of jury. The $350 Jury Fee Deposit Include the Call Jury Fee of $25 per ORC 2303.20(E).

CRITICAL

Fee

1400

Applies to

Praecipe for order of sale by sheriff

A $1,400 deposit, including $500 payable to Real Auction, is required for a sheriff sale order praecipe used toward legal notice, appraisal, and court costs.

PRAECIPE FOR ORDER OF SALE BY SHERIFF TO BE USED TOWARDS COSTS OF - LEGAL NOTICE, APPRAISAL AND COURT COSTS (Includes $500 payable to Real Auction) | $1,400.00

CRITICAL

Applies to

Attorney fee application

Within 30 days after the earlier of case conclusion or termination of appointed counsel's services, counsel must submit the fee application, motion, and judgment entry to the Clerk in triplicate with original signatures, with file-stamped copies available upon request.

E. Within thirty (30) days of the conclusion of the case of the termination of the attorney's services, whichever should occur first, the attorney shall submit an application, motion and judgment entry for fees. Said application, motion, and judgment entry shall be submitted to the Clerk of Courts in triplicate with each bearing original signatures. Copies shall be provided to the Clerk if the attorney desires file stamped copies.

CRITICAL

Fee

280

Applies to

Post judgment motion with children

A $280 deposit is required for a post-judgment motion involving children.

POST-JUDGMENT MOTIONS – WITH CHILDREN | $280.00

CRITICAL

Fee

5

Applies to

Release satisfaction or partial satisfaction of lien

A $5 fee is required to file a release, satisfaction, or partial satisfaction of lien.

FILING RELEASE, SATISFACTION OR PARTIAL SATISFACTION OF LIEN | $ 5.00

CRITICAL

Fee

100

Applies to

Qdro or dpro

A $100 deposit is required for a QDRO or DPRO.

QDRO OR DPRO | $100.00

CRITICAL

Applies to

Indigent counsel fees

Counsel for an indigent party must be paid at the rate adopted by the Defiance/Fulton/Henry/Williams County Commissioners.

An indigent's counsel in a case shall be paid at the rate adopted by the Defiance/Fulton/Henry/Williams County Commissioners.

CRITICAL

Applies to

Guardian ad litem deposit

A party applying for appointment of a Guardian ad Litem must deposit at least $500, unless the court determines a lesser amount is appropriate, and any excess costs are taxed as court costs.

Upon the application of any party to a proceeding for the appointment of a Guardian ad Litem, the Court shall require a deposit of a sum not less than $500.00, unless the Court determines a lesser sum is appropriate. All costs in excess of the deposit shall be taxed as court costs and paid as determined by the Court.

CRITICAL

Applies to

Witness subpoena

A party requesting a witness subpoena must deposit the applicable statutory witness fee with the clerk when filing the request, in civil and criminal practice.

3.03 WITNESS FEES. A party requesting the issuance of subpoenas for a witness shall deposit at the time of filing the request for subpoena the appropriate amount under the Witness Fees Statute (ORC 2335.06) for said witness with the Clerk of Courts. This Rule shall apply to civil and criminal practice.

CRITICAL

Applies to

Uniform Standardized Forms

Unaltered, properly completed Uniform Standardized Forms must include the applicable filing fee to be accepted for filing.

All forms approved by the Supreme Court of Ohio as part of their Uniform Standardized Forms shall be accepted for filing by the Clerk of Courts provided the forms have not been altered, are properly completed and have the filing fee, if applicable.

CRITICAL

Fee

50

Applies to

Motion with consent judgment entry or notice to relocate

A $50 deposit is required for a motion with a consent judgment entry or notice to relocate.

MOTION WITH CONSENT JUDGMENT ENTRY / NOTICE TO RELOCATE | $ 50.00

CRITICAL

Fee

400

Applies to

Foreclosure complaint

A $400 deposit is required for a foreclosure complaint.

COMPLAINT | $400.00

CRITICAL

Fee

875

Applies to

Praecipe for order of sale by private selling officer

An $875 deposit is required for a private selling officer sale-order praecipe used toward legal notice, appraisal, and court costs.

PRAECIPE FOR ORDER OF SALE BY PRIVATE SELLING OFFICER TO BE USED TOWARDS COSTS OF - LEGAL NOTICE, APPRAISAL AND COURT COSTS | $875.00

CRITICAL

Fee

25

Applies to

Common pleas notice of appeal surcharge

A notice of appeal filed in a common pleas case requires an additional $25 fee, for a total of $175.

IF FILED IN A COMMON PLEAS CASE – ADDITIONAL $25.00 | $175.00

CRITICAL

Applies to

Partition attorney fees

Partition-action fees must be distributed pursuant to R.C. 5307.25.

The fees shall be distributed pursuant to R. C. 5307.25.

CRITICAL

Fee

25

Applies to

Notice to relocate

A $25 deposit is required for a notice to relocate.

NOTICE TO RELOCATE | $ 25.00

CRITICAL

Fee

100

Applies to

Sealing or expunging

A $100 fee is required for sealing or expunging records, regardless of the number of records under ORC 2953.32.

SEALING / EXPUNGING (regardless of number of records per ORC 2953.32) | $100.00

CRITICAL

Applies to

Court filing

Court filings may be summarily stricken for failure to pay the Appendix B cost deposit unless a motion to proceed in forma pauperis is accepted or the Court waives the deposit.

B Unless a motion to proceed In Forma Pauperis is filed and accepted by the Court or the Court waives deposit for costs, any document, pleading, motion, request, objection, petition or complaint filed without payment of the court cost deposit to the Clerk, as listed in Appendix B, may be summarily stricken by the Court.

CRITICAL

Fee

150

Applies to

Notice of appeal

A $150 fee is required for a notice of appeal.

NOTICE OF APPEAL $150.00 | $150.00

CRITICAL

Fee

42

Applies to

State of ohio certificate of judgment

A $42 fee, including release, applies to a State of Ohio certificate of judgment.

STATE OF OHIO (INCLUDES RELEASE) | $42.00

CRITICAL

Fee

125

Applies to

Post conviction motion or petition

A $125 fee is required for post-conviction motions or petitions, including sex-offender reclassification, firearm disability, lifetime suspension, and CQE matters.

POST-CONVICTION MOTIONS/ PETITION: EXAMPLE: SEX OFFENDER RE-CLASSIFICATION, FIREARM DISABILITY, LIFETIME SUSPENSION, CERTIFICATE OF QUALIFICATION OF EMPLOYMENT (CQE) | $125.00

CRITICAL

Fee

$100

Applies to

Foreign county sheriff service deposit

A $100.00 deposit is required for service by a sheriff from another county.

FOREIGN COUNTY SHERIFF'S SERVICE DEPOSIT | $100.00

CRITICAL

Fee

325

Applies to

Divorce or dissolution without children cross claim or counterclaim

A $325 deposit is required for divorce or dissolution without children, a cross-claim, or a counterclaim.

DIVORCE/ DISSOLUTION – WITHOUT CHILDREN, CROSS-CLAIM & COUNTERCLAIM | $325.00

CRITICAL

Fee

35

Applies to

Certificate of judgment making and filing

A $35 fee is required to make and file a certificate of judgment.

MAKING & FILING | $35.00

CRITICAL

Fee

500

Applies to

Publication

A $500 deposit is required for civil publication.

PUBLICATION | $500.00

CRITICAL

Fee

75

Applies to

Foreign judgment

A $75 fee is required for filing a foreign judgment.

FOREIGN JUDGMENT | $ 75.00

CRITICAL

Fee

75

Applies to

Cancellation of sheriffs sale

A $75 deposit is required for cancellation of a sheriff's sale.

CANCELATION OF SHERIFF'S SALE | $ 75.00

CRITICAL

Fee

8

Applies to

Certificate of judgment making to transfer

An $8 fee is required to make a certificate of judgment for transfer.

MAKING TO TRANSFER | $ 8.00

CRITICAL

Fee

$50

Applies to

Sheriff service deposit

Williams County requires a $50 sheriff's service deposit.

WILLIAMS COUNTY SHERIFF'S SERVICE DEPOSIT | $50.00

CRITICAL

Applies to

What About Me class attendance

A county-specific What About Me program fee must be collected through the court cost deposit and disbursed by the clerk when ordered.

B. Fee. The fee for attendance at the What About Me class is the rate set forth in Appendices B-1 (Defiance County), B-2 (Fulton County), B-3 (Henry County) and B-4 (Williams County). This fee shall be collected in the Court cost deposit and the Clerk shall disburse these costs when ordered by the Court.

CRITICAL

Fee

250

Applies to

Aid in execution writ of possession or debtors examination

A $250 deposit is required for aid in execution, writ of possession, or debtor's examination.

AID IN EXECUTION, WRIT OF POSSESSION & DEBTOR'S EXAMINATION | $250.00

CRITICAL

Fee

$225

Applies to

Appraisal

An appraisal requires a $225 advance deposit, which must be promptly returned if the appraisal is canceled.

3.04 APPRAISAL FEE. An advance deposit of $225.00 is required. In the event the appraisal is canceled, this fee shall be promptly returned.

CRITICAL

Fee

150

Applies to

Cognovit

A $150 deposit is required for a cognovit.

COGNOVIT | $150.00

CRITICAL

Applies to

Court filing

A filing may be dismissed if the cost-deposit instrument is dishonored and the filer does not cure the deficiency within ten days after notice.

C If a check or other negotiable instrument for deposit for costs is dishonored for any reason, the filing may be dismissed by the Court after ten (10) days notice is given to the filer for failure to pay the required security for costs.

CRITICAL

Applies to

Motion to proceed in forma pauperis

An in forma pauperis motion must include the attorney’s statement that no attorney’s fees will be accepted until court costs are paid or secured.

A No motion to proceed In Forma Pauperis shall be granted by the Court unless there is attached thereto a statement by the attorney for the party executing such affidavit that he or she has not accepted and will not accept any attorney's fees in said cause until the costs are paid or secured to be paid.

CRITICAL

Fee

$25

Applies to

Foreign county sheriff service deposit

Defiance County requires a $25 foreign county sheriff's service deposit.

FOREIGN COUNTY SHERIFF'S SERVICE DEPOSIT | $25.00

CRITICAL

Fee

350

Applies to

Civil complaint cross claim counterclaim third party complaint or administrative appeal

A $350 deposit is required for a civil complaint, cross-claim, counterclaim, third-party complaint, or administrative appeal.

CIVIL COMPLAINT, CROSS-CLAIM / COUNTERCLAIM, THIRD PARTY COMPLAINT, ADMINISTRATIVE APPEAL | $350.00

CRITICAL

Fee

$250

Applies to

Out of state subpoena

A request for an out-of-state subpoena to be served in Fulton County requires a $250 fee.

REQUEST FOR OUT OF STATE SUBPOENAS TO BE SERVED IN FULTON COUNTY | $250.00

CRITICAL

Applies to

Petition

The petitioner must pay the Rule 3 security-for-costs deposit before any action is required on the petition.

D. Before any action is required to be taken on the Petition, the Petitioner must pay a deposit as set forth under Rule 3 -- Security for Costs.

CRITICAL

Fee

$100

Applies to

Summary jury trial

Each party must deposit $100.00 with the Clerk as security for SJT costs no later than 30 days before the scheduled SJT.

Each party shall deposit with the Clerk $100.00 as security for the payment of costs incurred upon the case being assigned for SJT and no later than thirty (30) days prior to the date set for SJT.

CRITICAL

Fee

37

Applies to

Certificate of judgment filing from another court

A $37 fee is required to file a certificate of judgment from another court.

FILING FROM ANOTHER COURT | $37.00

CRITICAL

Applies to

Out of state subpoena action

The Clerk must secure a costs deposit before processing and serving subpoenas requested by an out-of-state litigant.

B. The Clerk of Courts shall secure a deposit for costs before processing and serving the subpoenas as required by the out-of-state litigant.

CRITICAL

Applies to

Divorce dissolution deposit

The court may assign the divorce or dissolution deposit to the party most able to pay and may sanction a party who fails to deposit the ordered amount.

A. However the Court may determine at the first hearing the party most able to make the deposit; and upon Order of the Court, that party shall deposit an amount determined by the Court; and if the Court so orders, the Clerk shall refund the original deposit to the extent that combined deposit exceeds that required. B. Failure by the party to deposit the amount ordered may result in the part being sanctioned including the striking of any pleading or the case proceeding as in default.

CRITICAL

Fee

150

Applies to

Execution on certificate of judgment or garnishment

A $150 deposit is required for execution on a certificate of judgment or garnishment.

EXECUTION ON CERTIFICATE OF JUDGMENT / GARNISHMENTS | $150.00

WARNING

Applies to

Attorney fee request

When attorney fees may be awarded, counsel can be required to submit an itemized statement of hours worked and a detailed expense accounting.

In any case where attorney fees are to be awarded, counsel may be required to provide to the Court an itemized statement showing the hours worked and a detailed accounting of expenses.

WARNING

Fee

600

Applies to

Home investigation

A home investigation costs $600 in Williams County and is priced by court order in all other counties.

HOME INVESTIGATION – WILLIAMS COUNTY $600, ALL OTHERS – PER COURT ORDER

WARNING

Applies to

Partition attorney fees

For qualifying partition-fee requests, an itemized statement is unnecessary; the guidelines allow 7% of the first $20,000, 3% of the next $80,000, and 2% of sums exceeding $80,000, subject to a $500 minimum.

Attorneys requesting fees in a partition action are not required to provide an itemized statement as set forth in (B) above if the amounts fall within the following guidelines: 1. Seven percent (7%) on the first $20,000.00 of the sale price; Three percent (3%) on the next $80,000.00; Two percent (2%) on all sums in excess of $80,000.00 However, the minimum fee shall be $500.00.

WARNING

Fee

2

Applies to

Fax transmission

A fax transmission costs $2 plus $1 for each page.

FAX FEES: $2.00 PLUS $1.00 PER PAGE PER TRANSMISSION

WARNING

Fee

2

Applies to

Complete record

A complete record costs $2 per page.

COMPLETE RECORD: $2.00 PER PAGE

WARNING

The Clerk may require an additional cost deposit sufficient to secure the case’s reasonably anticipated costs when the existing deposit becomes insufficient.

D If at any time the deposit for costs becomes insufficient in any case, the Clerk shall require of the appropriate parties an additional deposit in an amount sufficient to secure the reasonably anticipated costs.

WARNING

Fee

2

Applies to

Certification

Certification costs $2 per document plus the applicable copy charge.

CERTIFICATION - $2.00 PER DOCUMENT PLUS COPY CHARGE

WARNING

Applies to

Extraordinary compensation application

An attorney may receive additional payment for extraordinary services only by submitting an application under oath demonstrating those services and obtaining the trial judge's approval.

C. Additional payment shall be made for extraordinary cases and then only upon application under oath by the attorney showing extraordinary services, and after approval by the trial Judge.

WARNING

Applies to

Transcript

Payment arrangements for transcript costs must be made with the Court Reporter when the transcript is ordered.

J Arrangements for the payment of the costs of transcripts shall be made with the Court Reporter at the time the transcript is ordered.

WARNING

The Clerk must issue quarterly cost statements in final proceedings and may issue a certificate of judgment for unpaid costs after two notices.

H Clerk shall keep a list of all unpaid or accrued costs in all proceedings where costs have been taxed and shall send statements to all persons against whom costs have been taxed, in all proceedings that have become final, at least every three (3) months. After two (2) such notices, if the costs have not been paid, the Clerk may issue a certificate of judgment for the amount of such costs without further order.

WARNING

Applies to

Deposit

A trial judge may require an increase in an insufficient deposit from time to time.

3.02 INSUFFICIENT DEPOSIT. If it is brought to the attention of the trial judge that any deposit is insufficient, the trial judge may require the said deposit to be increased from time to time.

WARNING

Fee

$10

Applies to

Scheduled session rescheduling

An unexcused absence from a scheduled session results in a $10 rescheduling fee assessed as additional court costs.

Unexcused absence from a scheduled session shall result in a Ten Dollar ($10.00) rescheduling fee being charged, which shall be assessed as additional Court costs as established in Appendices B-1 (Defiance County), B-2 (Fulton County), B-3 (Henry County) and B-4 (Williams County).

WARNING

Applies to

Judgment entry

Costs ordered by a judgment are deducted from available deposits, unpaid amounts may be deducted after 60 days, deficiencies are billed, and remaining deposits are refunded after payment.

E When a judgment entry orders payment of costs by a party who has a deposit with the Clerk, the costs shall be deducted from that party's deposit, if sufficient, and any balance shall be returned to the depositor. If, however, the deposit is insufficient or that party has no deposit, then the amount still due shall be deducted from any deposit held in the case. If there is a failure to pay within sixty (60) days from the Clerk's cost statement by the party so ordered, the Clerk 3-6 shall deduct the costs from any deposit held in their case. The Clerk shall bill the party ordered to pay costs for any deficiency. Upon payment, the Clerk shall refund the deposits to the appropriate party.

WARNING

Applies to

Partition attorney fees

Partition-action fees outside the stated guidelines may be allowed only by leave of court under extraordinary circumstances.

Other fees may be permitted by leave of court only, under extraordinary circumstances.

WARNING

Fee

$75

Applies to

Sheriff sale cancellation

A party canceling a Sheriff's sale after the Order of Sale has issued owes a $75 cancellation fee unless the cancellation results from a bankruptcy action.

In the event a party cancels a Sheriff's sale (after Order of Sale has issued) for any reason other than a bankruptcy action, a cancellation fee of $75.00 shall be assessed against the party cancelling said sale.

INFO

Applies to

Notice of voluntary dismissal

A plaintiff or appellant’s voluntary dismissal is charged to that party’s costs unless the Court orders otherwise.

F If notice of voluntary dismissal is filed by a plaintiff or an appellant, the dismissal shall be at the cost of the dismissing party, unless otherwise ordered.

INFO

Fee

$0.1

Applies to

Photocopy request

Williams County charges $0.10 per page for photocopy requests.

PHOTOCOPY REQUESTS - $0.10/PAGE

INFO

Applies to

Notice of qualification

A notice confirming qualification is placed in the public file, and no additional court costs are charged for that filing.

When the Clerk receives Notice Confirming Qualification, it shall be filed in the public file. When such a notice has been filed, no additional court costs shall be charged.

INFO

Fee

$7.5

Applies to

Victims of crime application

The victims of crime application fee is $7.50.

VICTIMS OF CRIME APPLICATION | $ 7.50

INFO

The party paying or depositing money with the Clerk must pay the statutory commission unless the Court orders otherwise.

I The commission charged by the Clerk of Courts pursuant to R.C. 2303.20(V) shall be paid by the party paying or depositing money with the Clerk unless otherwise ordered by the Court.

INFO

Applies to

Photocopy request

Defiance County charges $0.25 per page for the first 25 pages, $0.10 for the next 75 pages, and $0.06 per page thereafter.

PHOTOCOPY REQUESTS: $0.25/PAGE FOR FIRST 25 PAGES $0.10/PAGE FOR NEXT 75 PAGES $0.06/PAGE FOR PAGES THEREAFTER

INFO

Fee

$25

Applies to

Subpoena

A $25 fee applies to each subpoena issued by the clerk.

EACH SUBPOENA ISSUED BY THE CLERK | $ 25.00

INFO

Applies to

Final judgment entry

When a final judgment does not identify who must pay costs, the Clerk divides them equally among available deposits and assesses any excess equally against the parties unless otherwise ordered.

G When the final judgment entry does not specify who is to pay costs, the Clerk shall deduct the costs equally from any deposits held and refund the remainder. If the deposits are insufficient to satisfy the Court costs, the clerk shall then assess the excess costs to the parties equally unless otherwise ordered.

INFO

Fee

$0.05

Applies to

Photocopy request

Fulton County charges $0.05 per page for photocopy requests.

PHOTOCOPY REQUESTS: $0.05/PAGE

INFO

Fee

$5

Applies to

Recording license

The recording license fee is $5.

RECORDING LICENSES | $ 5.00