Court Fees in Ohio: An Introduction
The world of litigation is already riddled with costs and fees that can be unexpected and surprising. For many people embarking on a new lawsuit or defending themselves against one, the various costs involved—including filing fees—can be confusing to understand. Ohio court fees are an important topic to familiarize yourself with, as they affect nearly every level of litigation, including the beginning stages of a legal process.
Filing fees are among the most common types of court fees in Ohio. In general, any time you need to file a complaint or other such document with the court, a filing fee will apply. The fee is dependent on the specific type of document and court, but it can even go so far as to apply to such documents as requests for protective orders or requests for injunctions .
Fees are also charged when dismissal requests are filed by either plaintiff or defendant. Other paperwork filed with the court, such as motions, pleadings, stipulations and interrogatories, may also be subject to filing fees. The same is true of motions to appear pro hac vice, which allow attorneys licensed in other states to represent clients in Ohio courts.
Witness fees are also common court fees. Witness fees amount to $6.00 for each day a witness appears in court, plus expenses. Deposition witnesses receive $9.00 for each day of their continued attendance, but those not named in a subpoena do not receive a witness fee for attendance.
Although the rules vary depending on the specific court in question, filing fees are generally considered to be among the more quintessential of Ohio court fees.
Different Types of Court Fees in Ohio
When you decide to file a lawsuit in Ohio, the next step you should consider is the associated court fees. Every legal action taken in the Ohio courts incurs fees, but there are multiple types of fees based on what action you will take. Determining which fees may apply to your case can help you budget appropriately for those costs.
Filing fees are perhaps the most common fees you will pay to the Ohio courts. These fees cover the administrative cost of your lawsuit. These administrative costs include the clerk’s office fees for filing paperwork and opening a file as well as issuing summons to your opposing parties and police or sheriff deputies to serve those summons on your behalf. When you file a lawsuit in Ohio, you will almost always pay one of these filing fees.
Filing fees vary depending on the number of parties involved in your case and the type of case you are filing; these fees are typically higher for complex cases or cases with multiple parties. The basic filing fee for a new case in Ohio is approximately $350. The cost to file a motion within an active case at any level of Ohio court is generally $150. If you file an appeal from a lower court to a higher court, there is not typically a filing fee. However, if you file an appeal from a lower court to Ohio’s Supreme Court, the filing fee may be as high as $60024.
Administrative costs apply for a few specific actions you may take during your case. When you serve a subpoena on a party regarding records, the cost of subpoena service is approximately $25. You can also expect to pay a $20.25 Admin Fee when you file a new case. The fee for a written transcript of your case is approximately $0.10 per page. For a copy of your divorce decree, you will pay about $3.00 to the clerk’s office for your certified copy.
Most filings in your active case do not incur a fee. While there are no court appeal fees at the final level, there are small fees to file motions and other actions in your case, including:
Additional miscellaneous charges apply in Ohio courts. One of these fees includes a 5-cent copy charge for each page of your filed document. It is important to remember that these are additional expenses related to filing documents, not part of the fee to the clerk’s office.
Clerk’s office fees also apply when you request a copy of a document, file a pro-se (self-represented) document, or file a request for a certified check to the Ohio Court of Claims. Additional charges may apply for copies of audio or video recordings or archives.
Debt collection or other lawsuits often require sending interrogatories, or questions, to your opposing party. Ohio law allows charging $1.00 for each separate set of six interrogatories.
You may also incur fees if your case is assigned to a magistrate. Magistrates help manage the caseload of some Ohio courts. The filing fee to request a judge review your magistrate’s decision is $60.
Factors Influencing Court Fees in Ohio
Court costs in Ohio vary from case to case and jurisdiction to jurisdiction. Typically, the level of court involved in your case will affect the cost. For example, cases heard in small claims will generally cost less than those heard in municipal or common pleas court.
The factors that Courts will consider when determining the cost of a case include:
- Type of Case Certain types of cases, like Protection Order hearings or criminal cases, require a specific filing fee. These fees are set by the particular county and tend to be similar from county to county. For example, a Protection Order filing fee will usually be around $120 and a criminal case fee is often $31 – $35. The cost of these filings varies for each specific county. The filing fee will be the same or similar for all cases of the same general type. For example, if a Protection Order is $120 in Franklin County, it will be the same for all cases filed in Franklin County.
- Location Although similar or identical cases may have the same cost in one county, they are likely to be different in other counties. This is because each court has been given the authority to set its own fees. For example, the Franklin County Municipal Court charges protection order filing fees in Franklin County will rule $120, whereas the filing fee for a Protection Order in Pickaway County will be around $500.
- Level of Court "Small Claims Court" is usually a lower level of court where the cases are informal and the judges will often reduce, waive or eliminate the court costs. However, some small claims courts will charge a filing fee that is more expensive than other small claims courts in the same county.
- Income Level of the Parties Some courts will waive some or all of the fees of a party filing something if that party is asking for help of the court on a very basic level. These fees can be waived or reduced in exchange for the clerk collecting a little more information about the parties’ incomes. Another option in Ohio is a Motion to Proceed In Forma Pauperis ("IFP"). However, most judges require the paperwork for an IFP motion to be notarized.
- Specific Requirements of a County Court A filing fee will include the fee for a Clerk’s office to file your document with the court, depositions, motion filing fees, dismissal fees, and jury fees. Each county will have different requirements on what particular fees are included in the filing of pleadings, and therefore, you should always check local rules to determine these fees.
The county in which you are filing the case may require that the filing fee be paid in cash. Because courts will often only accept certain forms of payment for their fees, it is always best to call the clerk’s office to confirm what forms of payment are acceptable.
Average Court Fees Based on Case Type
When you file a civil lawsuit in Ohio, you will need to pay a filing fee, which varies from $75 in Franklin County to $262 in Meigs County. Of course, this is just one cost of filing a civil lawsuit. You will also incur costs for serving the defendant, court transcription, copies, and more.
Civil Cases:
Filing Fee: $97-$262
Defendant Service: $85-$100
Appeal Filing Fee: $90-$250
Criminal Cases:
Filing Fee: $15-$162
Defendant Service: $20
Probate Matters:
Filing Fee: $50-$305
Guardian Bond/Certificate of Deposit: $35-$75
Certificate of Transfer: $5-$10
Certificate of Appointment: $5-$10
Safe Deposit Release: $5-$10
Inventory Fee: $10-$15
Accounting Fee: $10-$15
Filing Fee: $5-$15
How to Determine Your Court Fees
To estimate the fees you may be required to pay at any point in your case, we recommend that you follow these steps:
- Use this chart to determine the amount of the appropriate base fee for the filing or service that is required.
- Identify the complexity multiplier that applies to your matter.
- Multiply the appropriate base fee by the applicable complexity multiplier.
- Add the resulting amounts together.
We recommend following the steps above to obtain your best estimate of the fees you may be obligated to pay in your case. We also recommend that you do this in consultation with your counsel to determine if anything specific may apply in your case (e.g. , if two or more parties file at the same time, only one party will pay the base fee for filing – so that fee needs to be split between those parties; an additional fee may be owed for certified copies of a filed document if a "receipt copy" is requested). Once you have identified your best estimate of the fees, you should review them with counsel to determine whether there are any issues you would like to address with the court when filing your documents.
It is important to note that the court may at times change its applicable court fees. If this occurs after you have already estimated your fees specific to your case, you should reach out to your counsel.
Methods to Lower or Eliminate Court Fees
Fortunately, there are ways to waive, and potentially eliminate, court fees. Depending on the court (municipal, county, or appellate), these procedures could vary, but generally, the process involves filing an Affidavit and Motion for waiver of costs. You would be asked to provide information such as your monthly income, expenses, and any dependents you support. The court will examine the information and assess whether or not you do in fact qualify for a fee waiver. Affidavits are usually free. The only other expense associated with these documents would be the cost of notarizing, however, depending on the filing location, they may provide complimentary notary services. If your Motion is granted, you would not be required to pay the fees as outlined above. However, if your Motion is denied, you still have options to reduce your costs. Filing fees can be broken down and paid over several months. The courts tend to allow parties to file one case before requiring the filing of all joint petitions, thus allowing some cost savings when filing for divorce. For example, in Cuyahoga County, a party can file the Complaint and Request for Waiver of Court Cost without paying the case initiation fee. Once granted, the party must pay the costs of the service, upon which time the defendant can file an Answer and the case will be assigned a court cost number.
Perhaps the biggest consideration when contemplating a divorce is obtaining an attorney. If pro se litigation is not an option, then it is important to consider the aversion of attorneys to taking on matters which carry little or no potential profits.
Conclusion and Legal Guidance
Essentially, court fees are charged for the processing of legal documents. These documents are processed in accordance with the rules of the court. The rates for these fees vary from state to state. Because of this, if you are experiencing issues with court fees you should consult with a legal professional as soon as possible. There are a wide variety of court fees within Ohio. The various forms include the following:
Securities must also go through a judicial review process and will cost $50 to file. Garnishment can be filed for $62. Alimony and divorce proceedings will cost $350. Eviction proceedings can be filed at a cost of $69. Child custody will cost a total of $186. Domestic relations proceedings are filed for $300 . An appeal will be $100. An agenda or filing for a docket will be $10. A proclamation and registration of a foreign judgment is $155. These court fees are only some of the major forms.
As you can see, there are many different types of court fees and these fees can quickly add up. If you are in need of any type of assistance with a court fee that is a part of your case it is best to consult with an attorney that is experienced in Ohio law. After all, a lawyer will be able to do much more than just assist you with your court fees. They can also help you with the legality of your proceedings, paperwork, and mediation. They can even be beneficial during the entire course of your case.