RULE
2.
Security
for costs
To
Institute Action
In
all actions for dissolution, with or without minor children, the party
instituting the action shall deposit with the clerk the sum of $200.00
as security for costs.
In all actions for divorce, with or without
minor children, the party instituting the action shall deposit with the
clerk the sum of $250.00 as security for costs.
In all actions for
legal separation or annulment, with or without minor children, the
party instituting the action shall deposit with the Clerk the sum of
$175.00 as security for costs.
In all actions for custody or support of a child or children filed in
the Domestic Relations Court pursuant to Ohio Revised Code 2151.233,
the party instituting the action shall deposit with the Clerk the sum
of $150.00.
In
all other actions initiated by
complaint or petition, the party instituting the action shall deposit
with the clerk the sum of $100.00 as security for costs.
Counter-Claims
In all counter-claims for divorce, annulment, legal separation, or for
custody or child support, the
party instituting the counter-claim shall deposit with the Clerk the
sum of $43.00 as security for costs.
Post Judgment Motions
In all post judgment motions requesting modification, vacation or
enforcement of the existing judgment, decree or order, including
motions for lump-sum judgment, the party instituting such motion shall
deposit with the Clerk the sum of $150.00 as security for costs.
All motions requesting emergency or ex parte orders relative to custody
of a minor child or children shall deposit with the Clerk the sum of
$30. This fee shall not be subject to waiver based upon
inability, but costs shall be subject to waiver or reimbursement at the
time of hearing on the motion or at the conclusion of the case.
No
additional deposit shall be required for the custody investigation, and
no deposit for security for costs shall be required for motions to
enforce a suspended jail sentence.
Publication
A party requesting service by publication shall deposit with the Clerk
an amount equal to the current minimum rate for publication in addition
to the other regular costs.
Personal Service
A party requesting personal service within Franklin County shall
deposit with the Clerk the sum of $30.00; if the personal service is
outside of Franklin County, the sum of $75.00 in addition to the other
regular costs.
Witness Fees
The party subpoenaing witnesses shall post with the Clerk the sum of
$6.00 per witness within Franklin County; for each witness outside
Franklin County, a deposit of $12.00 per witness plus mileage and a
deposit of $75.00 for the foreign Sheriff's service.
Court Reporter Costs
In all matters in which a Court Reporter is present to make a record of
the proceedings a deposit of $25.00 shall be posted prior to the
commencement of such proceedings by the party so requesting the
presence of the Court Reporter or by such other party as the Court may
so direct, and an additional $25.00 shall be posted prior to each
subsequent day of the proceeding. This deposit may be waived only by
the consent of the Judge or Magistrate presiding in such proceedings.
Inability Affidavits
Any person seeking to file pleadings without posting a deposit or
security for costs, shall complete a financial disclosure / affidavit
of indigency. All affidavits filed pursuant to this Rule shall be on
the Form authorized by the Court, which is appended hereto and
incorporated herein, or in a format consistent therewith. Upon approval
of the court, the deposit shall be deferred for all actions, excepting
requests for emergency or ex parte orders relative to a minor child or
minor children, and the Clerk shall receive and file the documents
without deposit or security for all other actions.
Fees for Computer Research
and Services
(A) Pursuant to the authority of R.C.2301.031(A) it is determined that,
for the efficient operation of the Domestic Relations Division and
Juvenile Branch of this Court additional funds are required to obtain
computerized legal research services.
The Clerk of this Court is directed and hereby authorized to charge and
collect a fee of three dollars ($3.00) upon the filing of each cause or
appeal under R.C. 2303.20 (A), (Q), and (U). The fee is included in the
appropriate security for costs sections listed above.
All funds collected pursuant to this rule shall be paid to the County
Treasurer to be maintained by the County Auditor in a separate account
for utilization of this Court in procuring and maintaining computerized
legal research services.
(B) Pursuant to the authority of R.C.2301.201(B)(1) it is determined
that, for the efficient operation of the Domestic Relations Division of
this Court, additional funds are required to computerize the office of
the Clerk of Court of Common Pleas.
The Clerk of this Court is directed and hereby authorized to charge an
additional fee of ten dollars ($10.00) 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). The fee is
included in the appropriate security for costs sections listed above.
All funds collected pursuant to this rule shall be paid to the County
Treasurer to be disbursed, upon an order of the Court of Common Pleas
and subject to appropriation by the Board of County Commissioners, in
an amount no greater than the actual cost of the court of procuring and
maintaining computer systems for the office of the Clerk of Court of
Common Pleas.
(C) Pursuant to R.C. 2301.201(c), the Clerk of this Court is directed
and hereby authorized to charge and collect a fee of $26.00 upon a
party instituting an action, for the charitable purpose of providing
financial assistance to legal aid societies that operate within the
state and to support the Office of the State Public Defender. The fee
is included in the appropriate security for costs section listed above.
Special Project Fee
Pursuant to Ohio Revised Code, Section 2303.201 (E) (1), the Domestic
and Juvenile Branch of the Court of Common Pleas for Franklin County,
Ohio has determined that for the efficient operation of the court,
additional funds are necessary to acquire and pay for special projects
of the court.
All fees collected shall be used for special projects consistent with
Ohio Revised Code 2303.201 (E) (1). All fees collected shall be paid to
the Franklin County Treasurer. The Treasurer shall place the funds from
the fees in a separate general project fund to be disbursed upon an
order of the Domestic and Juvenile Branch of the Court of Common Pleas
for Franklin County.
The Clerk of this Court is directed and hereby authorized to charge and
collect a fee of $30.00 per domestic case. These fees are included in
the appropriate security for costs sections listed above.
Seminar For Separating
Parents
The clerk of this court is directed and hereby authorized to charge and
collect a fee of $22.00 for each action for divorce, dissolution, and
legal separation involving minor children for the seminar for
separating parents required by local rule 26. These fees are included
in the appropriate security for costs sections listed above.
Special Process Servers
Any person or entity requesting that the court approve them as a
special process server per domestic rule 41/juvenile rule 38 shall
deposit with the juvenile clerk the sum of $35.00.
(Amended, eff. 1/1/85; 4/15/85; 7/1/85; 1/15/86; 1/1/87; 7/1/90;
1/25/93; 6/10/96; 2/10/97; 2/9/98; 7/1/99; 8/1/04; 7/1/06; 3/1/12;
11/1/13; 1/1/15; 3/23/15;1/14/19,
10/30/2019)