Ohio § 2303.201

§ 2303.201.

(A)(1) The court of common pleas of any county may determine that for the efficient operation

of the court additional funds are required to computerize the court, to make available

computerized legal research services, or to do both.  Upon making a determination that additional funds are required for either or both

of those purposes, the court shall do one of the following: (a) If the court of common pleas of a county has complied with the requirements in division (D)(1) of section 2303.12 of the Revised Code , authorize and direct the clerk of the court of common pleas to charge one additional

fee, not to exceed six dollars, on the filing of each cause of action or appeal under

divisions (A) , (Q) , and (U) of section 2303.20 of the Revised Code ; (b) If the court of common pleas of a county has not complied with the requirements in division (D)(1) of section 2303.12 of the Revised Code , authorize and direct the clerk of the court of common pleas to charge one additional

fee, not to exceed three dollars, on the filing of each cause of action or appeal

under divisions (A) , (Q) , and (U) of section 2303.20 of the Revised Code . (2) All fees collected under division (A)(1) of this section shall be paid to the county

treasurer.  The treasurer shall place the funds from the fees in a separate fund to be disbursed

either upon an order of the court, subject to an appropriation by the board of county

commissioners, or upon an order of the court, subject to the court making an annual

report available to the public listing the use of all such funds, in an amount not

greater than the actual cost to the court of procuring and maintaining computerization

of the court, computerized legal research services, or both. (3) If the court determines that the funds in the fund described in division (A)(2) of

this section are more than sufficient to satisfy the purpose for which the additional

fee described in division (A)(1) of this section was imposed, the court may declare

a surplus in the fund and, subject to an appropriation by the board of county commissioners,

expend those surplus funds, or upon an order of the court, subject to the court making

an annual report available to the public listing the use of all such funds, expend

those surplus funds, for other appropriate technological expenses of the court. (B)(1)(a) Except as provided in division (B)(1)(b) of this section, the clerk of the court

of common pleas of any county may determine that, for the efficient operation of the

office of the clerk of the court of common pleas, additional funds are required to

make technological advances in or to computerize the office of the clerk of the court

of common pleas.  Upon making that determination, the court shall do one of the following: (i) If the court of common pleas of a county has complied with the requirements in division (D)(1) of section 2303.12 of the Revised Code , authorize and direct that an additional fee, not to exceed twenty dollars, on the

filing of each cause of action or appeal, on the filing, docketing, and endorsing

of each certificate of judgment, or on the docketing and indexing of each aid in execution

or petition to vacate, revive, or modify a judgment under divisions (A) , (P) , (Q) , (T) , and (U) of section 2303.20 of the Revised Code and not to exceed one dollar each for the services described in divisions (B) , (C) , (D) , (F) , (H) , and (L) of section 2303.20 of the Revised Code , be charged; (ii) If the court of common pleas of a county has not complied with the requirements in division (D)(1) of section 2303.12 of the Revised Code , authorize and direct that an additional fee, not to exceed ten dollars, on the filing

of each cause of action or appeal, on the filing, docketing, and endorsing of each

certificate of judgment, or on the docketing and indexing of each aid in execution

or petition to vacate, revive, or modify a judgment under divisions (A) , (P) , (Q) , (T) , and (U) of section 2303.20 of the Revised Code and not to exceed fifty cents each for the services described in divisions (B) , (C) , (D) , (F) , (H) , and (L) of section 2303.20 of the Revised Code , be charged. (b) In a county in which the clerk of the court of common pleas is appointed, the court

may make the determination described in division (B)(1)(a) of this section and, upon

that determination, may include such a computerization fee in the schedule of fees

and costs. (2) Subject to division (B)(3) of this section, all moneys collected under division (B)(1)(a)

of this section shall be paid to the county treasurer to be disbursed, subject to

an appropriation made by the board of county commissioners, in an amount no greater

than the actual cost to the court of procuring and maintaining technology and computer

systems for the office of the clerk of the court of common pleas. (3) If the court or the clerk of the court of common pleas of a county makes the determination

described in division (B)(1)(a) of this section, the board of county commissioners

of that county may issue one or more general obligation bonds for the purpose of procuring

and maintaining the technology and computer systems for the office of the clerk of

the court of common pleas.  In addition to the purposes stated in division (B)(1)(a) of this section for which

the moneys collected under that division may be expended, the moneys additionally

may be expended to pay debt charges on and financing costs related to any general

obligation bonds issued pursuant to division (B)(3) of this section as they become

due.  General obligation bonds issued pursuant to division (B)(3) of this section are

Chapter 133. securities. (C) The court of common pleas shall collect 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.  This division does not apply to a juvenile division of a court of common pleas,

except that an additional filing fee of fifteen dollars shall apply to custody, visitation,

and parentage actions;  to a probate division of a court of common pleas, except that

the additional filing fees shall apply to name change, guardianship, adoption, and

decedents' estate proceedings;  or to an 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 filing fees 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.  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) On and after the thirtieth day after December 9, 1994, the court of common pleas

shall collect the sum of thirty-two dollars as additional filing fees in each new

action or proceeding for annulment, divorce, or dissolution of marriage for the purpose

of funding shelters for victims of domestic violence pursuant to sections 3113.35 to 3113.39 of the Revised Code .  The filing fees required to be collected under this division shall be in addition

to any other filing fees 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 action

or proceeding for annulment, divorce, or dissolution of marriage unless the court

waives the advanced payment of all filing fees in the action or proceeding.  On or before the twentieth day of each month, all moneys collected during the immediately

preceding month pursuant to this division shall be deposited by the clerk of the court

into the county treasury in the special fund used for deposit of additional marriage

license fees as described in section 3113.34 of the Revised Code .  Upon their deposit into the fund, the moneys shall be retained in the fund and expended

only as described in section 3113.34 of the Revised Code . (E)(1) The court of common pleas 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. If the court of common pleas offers or requires a special program or additional services

in cases of a specific type, the 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 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. All moneys collected under division (E) of this section shall be paid to the county

treasurer 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,

subject to an appropriation by the board of county commissioners, 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 (E) of this section, the court may order, subject to an

appropriation by the board of county commissioners, that moneys remaining in the fund

be transferred to an account established under this division for a similar purpose. (2) As used in division (E) 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.