NOTICE

MONTGOMERY COUNTY COMMON PLEAS COURT, GENERAL DIVISION

AMENDMENT TO LOCAL RULE 2.03, COSTS

The General Division of the Montgomery County Common Pleas Court adopted an amendment to the Local Rule 2.03, Costs, effective Monday, November 9, 2009:

Rule 2.03 – Costs

(Emergency Status – Effective November 9, 2009)

Amended 2/24/03; Effective 3/1/03

Amended 5/8/03; Effective 6/1/03

Amended 2/6/07; Effective 3/1/07

Amended 11/4/08; Effective 1/1/09

Amended 5/5/09; Effective 5/11/09

Amended 11/3/09; Effective 11/9/09

I.        No civil action or proceeding shall be accepted for filing unless there is deposited as security for costs the amount of $250.00 for all civil complaints, except for mortgage foreclosure actions which shall be $500.00.  Additional deposits may also be required as set forth in Appendix G.

II.      If the party initiating the civil action is unable to give security or a cash deposit as provided under this rule, then said party shall file a poverty affidavit along with the complaint.  The affidavit shall be accepted by the Clerk of Courts and the collection of costs shall be postponed until the case is terminated.

III.    APPROPRIATE DISPUTE RESOLUTION FEE:

A.      Pursuant to Ohio Revised Code, Section 2303.201 (E) (1), the General Division of the Court of Common Pleas for Montgomery County, Ohio, has determined that for the efficient operation of the Court, additional funds are necessary to pay for dispute resolution services.

B.      As authorized under Section 2303.201 (E) (1) of the Revised Code, the Clerk of Courts for Montgomery County, Ohio, shall charge in addition to all other court costs, a fee of forty-five dollars ($45.00) that is to be collected on the filing of each criminal cause, civil action or proceeding, or judgment by confession.

C.      All fees collected shall be used to implement any procedures established for the resolution of disputes between parties to any civil or criminal action that is within the jurisdiction of the Court.  All fees collected shall be paid to the Montgomery County Treasurer.  The Treasurer shall place the funds from the fees in a separate appropriate dispute resolution fee fund to be disbursed upon an order of the General Division of the Court of Common Pleas for Montgomery County, Ohio.

IV.    GENERAL SPECIAL PROJECT FEE:

A.      Pursuant to Ohio Revised Code, Section 2303.201 (E) (1), the General Division of the Court of Common Pleas for Montgomery 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.

B.      As authorized under Section 2303.201 (E) (1) of the Revised Code, the Clerk of Courts for Montgomery County, Ohio, shall charge, in addition to all other court costs, a fee of thirty dollars ($30.00) that is to be collected on the filing of each criminal cause, civil action or proceeding, or judgment by confession.

C.      As authorized under Section 2303.201 (E) (1) of the Revised Code, the Clerk of Courts for Montgomery County, Ohio, shall charge, in addition to all other court costs, a fee of twentythirty-five dollars ($2535.00) that is to be collected on the filing of each criminal cause, civil action or proceeding, or judgment by confession.  This fee shall be utilized for special projects related to electronic filing and storage of case records and related materials.

D.     All fees collected shall be used for special projects consistent with Ohio Revised Code 2003.201 (E) (1).  All fees collected shall be paid to the Montgomery County Treasurer.  The Treasurer shall place the funds from the fees in separate general special project fund to be disbursed upon an order of the General Division of the Court of Common Pleas for Montgomery County.