Ohio § 1907.24

§ 1907.24.

(A) Subject to division (C) of this section, a county court shall fix and tax fees and

costs as follows: (1) The county 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, shall establish a schedule

of fees and costs to be taxed in any civil or criminal action or proceeding. (2) The county court by rule may require an advance deposit for the filing of a civil

action or proceeding and publication fees as provided in section 2701.09 of the Revised Code .  The court shall waive an advance deposit requirement 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 party demands a jury trial in a civil action or proceeding, the county court

may require the party 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 county court shall tax the fees of a jury as costs. (4) In a civil or criminal action or proceeding, the county court shall fix the fees

of witnesses in accordance with sections 2335.06 and 2335.08 of the Revised Code . (5) A county court may tax as part of the costs in a trial of the cause, in an amount

fixed by rule of court, a reasonable charge for driving, towing, carting, storing,

keeping, and preserving motor vehicles and other personal property recovered or seized

in a proceeding. (6) The court shall preserve chattel property seized under a writ or process issued by

the court pending final disposition for the benefit of all interested persons.  The court may place the chattel property in storage when necessary or proper for

its preservation.  The custodian of 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 county 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) The court may tax as part of costs charges for the publication of legal notices required

by statute or order of court, as provided by section 7.13 of the Revised Code . (B)(1)(a) The county 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 county court offers a special program or service in cases of a specific type,

the county 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 county 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 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 county 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) Subject to division (E) of this section, the county 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.  Subject to division (E) of this section, the county 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) The county court shall establish by rule a schedule of fees for miscellaneous services

performed by the county court or any of its judges in accordance with law.  If judges of the court of common pleas perform similar services, the fees prescribed

in the schedule shall not exceed the fees for those services prescribed by the court

of common pleas. (E) Under the circumstances described in sections 2969.21 to 2969.27 of the Revised Code , the clerk of the county court shall charge the fees and perform the other duties

specified in those sections.