Delaware County Court of Common Pleas, General Division Filing Fees and Waivers

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Normal filing fees and case deposits must be paid through an accepted financial transaction device when the filing is processed, and a device-use surcharge may also apply.

The clerk will assess normal filing fees. All filing fees and case deposits will be collected via an Accepted Financial Transaction Device at the time the filing is processed. Under R.C. 301.28(E) and (F), a surcharge for using a financial transaction device use may be assessed in an amount to be determined by the clerk.

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Applies to

New or reactivated civil action or proceeding

A new or reactivated civil action or proceeding will not be accepted for filing until the applicable cost deposit is paid, as determined by the clerk’s office cost schedule unless otherwise provided by law.

No new or reactivated civil action or proceeding will be accepted by the clerk for filing unless the appropriate deposit has been paid. Upon termination of the case, if costs remain unpaid, appropriate orders will be imposed to collect the costs. Except as otherwise provided by law, the cost schedule prominently displayed in the clerk’s office will dictate the required cost deposit in each case.

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Applies to

Cost deposit

An initiating party unable to pay the cost deposit must file an indigence affidavit signed before a deputy clerk, using the approved form or one containing substantially the same financial information, but the affidavit does not determine whether costs will ultimately be assessed.

If the party initiating the action or proceeding is unable to pay the cost deposit, as set forth in Local Rule 1.4(A), the party must file an affidavit, signed before a deputy clerk of court, reflecting the inability to post the required cost deposit. An affidavit of indigence filed in lieu of cash deposit must be filed on the approved form or a form that contains substantially the same financial information. The filing of an affidavit of indigence is not determinative of whether a party will be assessed costs at the conclusion of the case.

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Applies to

Security deposit

If the court declines to waive the cash deposit, the initiating party may pay the required security deposit, and failure to pay after 30 days’ notice may result in dismissal.

If the trial court should determine that a cash deposit should not be waived, the party initiating the action or proceeding will be permitted an opportunity to pay the required security deposit. If the deposit is not paid as ordered, then the proceeding may be dismissed by the trial court after 30 days’ notice of the impending dismissal.

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Applies to

New criminal case civil action or proceeding or judgment by confession

A court-set special-projects fee, which may vary by case type, is charged as a court cost when a new criminal case, civil action or proceeding, or judgment by confession is filed.

A special-projects fee will be charged as a court cost in the case whenever a new criminal case, civil action or proceeding, or judgment by confession is filed. The amount of that fee will be set by order of the court and may differ depending on the case type.

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Applies to

Case file document copies

Requests for copies of pleadings or other case-file documents must be accompanied by the applicable copying fee.

Any request for copies of pleadings or other documents from a case file must be accompanied by the appropriate copying fee.

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Personal checks are not accepted as payment.

No personal checks will be accepted.

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Applies to

Facsimile filing

Facsimile filing may incur transmission and per-page fees determined by the clerk, and payment must be arranged in advance.

The clerk of courts is expressly authorized to charge a fee for this service—both for the transmission itself and a per-page charge—in an amount determined by the clerk. Payment of fees must be arranged in advance for any facsimile transmission.

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Applies to

Case costs

If costs remain unpaid when the case ends, the court will issue appropriate orders to collect them.

Upon termination of the case, if costs remain unpaid, appropriate orders will be imposed to collect the costs.

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Applies to

Case costs

The clerk of courts must apply the deposited funds to case costs even when the costs are assessed against a different party.

The clerk of courts will apply the deposit to the costs in the case, regardless of the party against whom the costs are assessed.

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Applies to

Judgment entry or document

When insufficient deposited funds prevent an outside filing or recording, the clerk will file the document only in the clerk’s office and mail the requesting party a certified copy with a cover letter explaining that the party must pay the outside filing or recording cost.

If any judgment entry requires the clerk of courts to file or record any judgment entry or document in any office or department other than the clerk of courts, and if a cost or fee is required and money or funds sufficient to pay that cost or fee are not on deposit, the clerk of courts will file the entry in the clerk’s office but will not file or record it elsewhere. Instead, the clerk of courts will mail a certified copy of the judgment entry or document to the party on whose behalf the judgment entry or document was to be filed or recorded. The judgment entry or document will be accompanied by a cover letter stating that the clerk of courts was unable to file or record the judgment entry or document because funds on deposit with the clerk of courts were insufficient to cover the cost to file or record the judgment entry or document. The letter will also note that due to the lack of a sufficient deposit, the judgment entry or document is being provided to the party so that the party may, on his or her own, pay the cost or fee to file or record the judgment entry or document.

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Applies to

Case reactivation

A party seeking to reactivate an inactive case must pay a new deposit.

Any party seeking to reactivate an inactive case must pay a new deposit.

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The court does not maintain electronic billing or debit accounts for lawyers or law firms.

The court will not maintain electronic billing or debit accounts for lawyers or law firms.

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Applies to

Certificate of judgment qualification petition civil protection order petition and sealing or expungement application

No special-projects fee is charged for certificates of judgment, qualification-for-employment petitions, civil-protection-order petitions, or sealing and expungement applications.

No special-projects fee will be charged for certificates of judgment, petitions for certificates of qualification for employment, petitions for civil protection orders, and applications for sealing or expungement.

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Applies to

Inactive case ?

At that time, all costs must be paid.

Summary: All costs must be paid when a case is placed on the court’s inactive list.