Ohio § 2323.311

§ 2323.311.

(A) For purposes of this section, “ indigent litigant ” means a litigant who is unable to make an advance deposit or security for fees or

costs as set forth in a civil action or proceeding. (B)(1) In order to qualify as an indigent litigant, the applicant shall file with the court

in which a civil action or proceeding is filed an affidavit of indigency in a form

approved by the supreme court, or, until that court approves such a form, a form that

requests substantially the same financial information as the financial disclosure

and affidavit of indigency form used by the public defender for the appointment of

counsel in a criminal case. (2) The applicant's attorney, or if the litigant is proceeding pro se, the applicant

shall file the affidavit of indigency with the court in which the civil action or

proceeding is filed. (3) Upon the filing of a civil action or proceeding and the affidavit of indigency under

division (B)(1) of this section, the clerk of the court shall accept the action or

proceeding for filing. (4) A judge or magistrate of the court shall review the affidavit of indigency as filed

pursuant to division (B)(2) of this section and shall approve or deny the applicant's

application to qualify as an indigent litigant.  The judge or magistrate shall approve the application if the applicant's gross income

does not exceed one hundred eighty-seven and five-tenths per cent of the federal poverty

guidelines as determined by the United States department of health and human services

for the state of Ohio and the applicant's monthly expenses are equal to or in excess

of the applicant's liquid assets as specified in division (C)(2) of section 120-1-03 of the Administrative Code , as amended, or a substantially similar provision.  If the application is approved, the clerk shall waive the advance deposit or security

and the court shall proceed with the civil action or proceeding.  If the application is denied, the clerk shall retain the filing of the action or

proceeding, and the court shall issue an order granting the applicant whose application

is denied thirty days to make the required advance deposit or security, prior to any

dismissal or other action on the filing of the civil action or proceeding. (5) Following the filing of the civil action or proceeding with the clerk, the judge

or magistrate, at any time while the action or proceeding is pending and on the motion

of an applicant, on the motion of the opposing party, or on the court's own motion,

may conduct a hearing to inquire into the applicant's status as an indigent litigant.  The judge or magistrate shall affirm the applicant's status as an indigent litigant

if the applicant's gross income does not exceed one hundred eighty-seven and five-tenths

per cent of the federal poverty guidelines as determined by the United States department

of health and human services for the state of Ohio and the applicant's monthly expenses

are equal to or in excess of the applicant's liquid assets as specified in division (C)(2) of section 120-1-03 of the Administrative Code , as amended, or a substantially similar provision.  If the court finds that the applicant qualifies as an indigent litigant, the court

shall proceed with the action or proceeding.  If the court finds that the applicant does not qualify as an indigent litigant or

no longer qualifies as an indigent litigant if previously so qualified as provided

in division (B)(4) of this section, the clerk shall retain the filing of the action

or proceeding, and the court shall issue an order granting the applicant whose motion

is denied thirty days to make a required deposit or security, prior to any dismissal

or other action on the filing or pendency of the civil action or proceeding. (6) Nothing in this section shall prevent a court from approving or affirming an application

to qualify as an indigent litigant for an applicant whose gross income exceeds one

hundred eighty-seven and five-tenths per cent of the federal poverty guidelines as

determined by the United States department of health and human services for the state

of Ohio, or whose liquid assets equal or exceed the applicant's monthly expenses as

specified in division (C)(2) of section 120-1-03 of the Administrative Code , as amended, or a substantially similar provision. (7) Any indigency finding by the court under this section shall excuse the indigent litigant

from the obligation to prepay any subsequent fee or cost arising in the civil case

or proceeding unless the court addresses the payment or nonpayment of that fee or

cost specifically in a court order. (C) If the indigent litigant as the prevailing party proceeds with an execution on the

court's judgment as set forth in Chapter 2327., 2329., 2331., or 2333. of the Revised

Code, in order to provide for the recovery of applicable costs, any payment on any

execution of the judgment in favor of the indigent litigant shall be made through

the clerk of the court.  The clerk shall apply that payment to any outstanding costs prior to any disbursement

of funds to the indigent litigant.  The requirement described in this division may be waived upon entry of the court

by the judge or magistrate.  The remedy set forth in this division shall not be the exclusive remedy of the clerk

of court for the payment of costs.  The clerk shall have all remedies available under the law.