Ohio § 1901.26

§ 1901.26.

(A) Subject to division (E) of this section, costs in a municipal court shall be fixed

and taxed as follows: (1)(a) The municipal court shall require an advance deposit for the filing of any new civil

action or proceeding when required by division (C) of this section, subject to its

waiver pursuant to that division, and in all other cases, by rule, shall establish

a schedule of fees and costs to be taxed in any civil or criminal action or proceeding. (b)(i) The legislative authority of a municipal corporation may by ordinance establish a

schedule of fees to be taxed as costs in any civil, criminal, or traffic action or

proceeding in a municipal court for the performance by officers or other employees

of the municipal corporation's police department or marshal's office of any of the

services specified in sections 311.17 and 509.15 of the Revised Code .  No fee in the schedule shall be higher than the fee specified in section 311.17 of the Revised Code for the performance of the same service by the sheriff.  If a fee established in the schedule conflicts with a fee for the same service established

in another section of the Revised Code or a rule of court, the fee established in

the other section of the Revised Code or the rule of court shall apply. (ii) When an officer or employee of a municipal police department or marshal's office

performs in a civil, criminal, or traffic action or proceeding in a municipal court

a service specified in section 311.17 or 509.15 of the Revised Code for which a taxable fee has been established under this or any other section of the

Revised Code, the applicable legal fees and any other extraordinary expenses, including

overtime, provided for the service shall be taxed as costs in the case.  The clerk of the court shall pay those legal fees and other expenses, when collected,

into the general fund of the municipal corporation that employs the officer or employee. (iii) If a bailiff of a municipal court performs in a civil, criminal, or traffic action

or proceeding in that court a service specified in section 311.17 or 509.15 of the Revised Code for which a taxable fee has been established under this section or any other section

of the Revised Code, the fee for the service is the same and is taxable to the same

extent as if the service had been performed by an officer or employee of the police

department or marshal's office of the municipal corporation in which the court is

located.  The clerk of that court shall pay the fee, when collected, into the general fund

of the entity or entities that fund the bailiff's salary, in the same prorated amount

as the salary is funded. (iv) Division (A)(1)(b) of this section does not authorize or require any officer or employee

of a police department or marshal's office of a municipal corporation or any bailiff

of a municipal court to perform any service not otherwise authorized by law. (2) The municipal court, by rule, may require an advance deposit for the filing of any

civil action or proceeding and publication fees as provided in section 2701.09 of the Revised Code .  The court shall waive the requirement for advance deposit for a party that the court

determines qualifies as an indigent litigant as set forth in section 2323.311 of the Revised Code . (3) When a jury trial is demanded in any civil action or proceeding, the party making

the demand may be required to make an advance deposit as fixed by rule of court, unless

the court determines that the party qualifies as an indigent litigant as set forth

in section 2323.311 of the Revised Code .  If a jury is called, the fees of a jury shall be taxed as costs. (4) In any civil or criminal action or proceeding, each witness shall receive twelve

dollars for each full day's attendance and six dollars for each half day's attendance.  Each witness in a municipal court that is not a county-operated municipal court

also shall receive fifty and one-half cents for each mile necessarily traveled to

and from the witness's place of residence to the action or proceeding. (5) A reasonable charge for driving, towing, carting, storing, keeping, and preserving

motor vehicles and other personal property recovered or seized in any proceeding may

be taxed as part of the costs in a trial of the cause, in an amount that shall be

fixed by rule of court. (6) Chattel property seized under any writ or process issued by the court shall be preserved

pending final disposition for the benefit of all persons interested and may be placed

in storage when necessary or proper for that preservation.  The custodian of any chattel property so stored shall not be required to part with

the possession of the property until a reasonable charge, to be fixed by the court,

is paid. (7) The municipal court, as it determines, may refund all deposits and advance payments

of fees and costs, including those for jurors and summoning jurors, when they have

been paid by the losing party. (8) Charges for the publication of legal notices required by statute or order of court

may be taxed as part of the costs, as provided by section 7.13 of the Revised Code . (B)(1)(a) The municipal court may determine that, for the efficient operation of the court,

additional funds are necessary to acquire and pay for special projects of the court

including, but not limited to, the acquisition of additional facilities or the rehabilitation

of existing facilities, the acquisition of equipment, the hiring and training of staff,

community service programs, mediation or dispute resolution services, the employment

of magistrates, the training and education of judges, acting judges, and magistrates,

and other related services.  Upon that determination, the court by rule may charge a fee, in addition to all

other court costs, on the filing of each criminal cause, civil action or proceeding,

or judgment by confession.  Fees collected by a court for special projects of the court under this division

shall not be used for training or education that takes place outside of the continental

United States. (b) If the municipal court offers a special program or service in cases of a specific

type, the municipal court by rule may assess an additional charge in a case of that

type, over and above court costs, to cover the special program or service.  The municipal court shall adjust the special assessment periodically, but not retroactively,

so that the amount assessed in those cases does not exceed the actual cost of providing

the service or program. (c) Any fee or charge assessed under division (B)(1)(a) or (b) of this section on the

filing of a civil action or proceeding shall be waived if the court determines that

the person on whom the fee or charge is assessed qualifies as an indigent litigant

as set forth in section 2323.311 of the Revised Code . (d) All moneys collected under division (B) of this section shall be paid to the county

treasurer if the court is a county-operated municipal court or to the city treasurer

if the court is not a county-operated municipal court for deposit into either a general

special projects fund or a fund established for a specific special project.  Moneys from a fund of that nature shall be disbursed upon an order of the court

in an amount no greater than the actual cost to the court of a project.  If a specific fund is terminated because of the discontinuance of a program or service

established under division (B) of this section, the municipal court may order that

moneys remaining in the fund be transferred to an account established under this division

for a similar purpose. (2) As used in division (B) of this section: (a) “ Criminal cause ” means a charge alleging the violation of a statute or ordinance, or subsection of

a statute or ordinance, that requires a separate finding of fact or a separate plea

before disposition and of which the defendant may be found guilty, whether filed as

part of a multiple charge on a single summons, citation, or complaint or as a separate

charge on a single summons, citation, or complaint.  “Criminal cause” does not include separate violations of the same statute or ordinance,

or subsection of the same statute or ordinance, unless each charge is filed on a separate

summons, citation, or complaint. (b) “ Civil action or proceeding ” means any civil litigation that must be determined by judgment entry. (C) The municipal court shall collect in all its divisions except the small claims division

the sum of twenty-six dollars as additional filing fees in each new civil action or

proceeding for the charitable public 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 municipal court shall collect in its small claims division the sum of eleven

dollars as additional filing fees in each new civil action or proceeding for the charitable

public purpose of providing financial assistance to legal aid societies that operate

within the state and to support the office of the state public defender.  This division does not apply to any execution on a judgment, proceeding in aid of

execution, or other post-judgment proceeding arising out of a civil action.  The filing fees required to be collected under this division shall be in addition

to any other court costs imposed in the action or proceeding and shall be collected

at the time of the filing of the action or proceeding.  The court shall not waive the payment of the additional filing fees in a new civil

action or proceeding unless the court waives the advanced payment of all filing fees

in the action or proceeding for the party that the court determines is qualified as

an indigent litigant as set forth in section 2323.311 of the Revised Code .  All such moneys collected during a month except for an amount equal to up to one

per cent of those moneys retained to cover administrative costs shall be transmitted

on or before the twentieth day of the following month by the clerk of the court to

the treasurer of state in a manner prescribed by the treasurer of state or by the

Ohio access to justice foundation.  The treasurer of state shall deposit four per cent of the funds collected under

this division to the credit of the civil case filing fee fund established under section 120.07 of the Revised Code and ninety-six per cent of the funds collected under this division to the credit

of the legal aid fund established under section 120.52 of the Revised Code . The court may retain up to one per cent of the moneys it collects under this division

to cover administrative costs, including the hiring of any additional personnel necessary

to implement this division.  If the court fails to transmit to the treasurer of state the moneys the court collects

under this division in a manner prescribed by the treasurer of state or by the Ohio

access to justice foundation, the court shall forfeit the moneys the court retains

under this division to cover administrative costs, including the hiring of any additional

personnel necessary to implement this division, and shall transmit to the treasurer

of state all moneys collected under this division, including the forfeited amount

retained for administrative costs, for deposit in the legal aid fund. (D) In the Cleveland municipal court, reasonable charges for investigating titles of

real estate to be sold or disposed of under any writ or process of the court may be

taxed as part of the costs. (E) Under the circumstances described in sections 2969.21 to 2969.27 of the Revised Code , the clerk of the municipal court shall charge the fees and perform the other duties

specified in those sections. (F) As used in this section: (1) “ Full day's attendance ” means a day on which a witness is required or requested to be present at an action

or proceeding before and after twelve noon, regardless of whether the witness actually

testifies. (2) “ Half day's attendance ” means a day on which a witness is required or requested to be present at an action

or proceeding either before or after twelve noon, but not both, regardless of whether

the witness actually testifies.