AMENDMENTS TO LOCAL RULE 2.03, COURT COSTS AND SPECIAL FEES (EMERGENCY STATUS -- EFFECTIVE MARCH 7, 2016) (MontCourt News & Announcements)

 
Court News & Announcements
09/12/17 AMENDMENTS TO LOCAL RULE 1.33, EXAMINATION, CERTIFICATION, RENEWAL AND REMOVAL OF NOTARIES PUBLIC (EMERGENCY STATUS – EFFECTIVE OCTOBER 2, 2017)
05/08/17 AMENDMENTS TO LOCAL RULES 2.23 - 2.23.4 EMERGENCY STATUS EFFECTIVE MAY 10, 2017
02/23/17 AMENDMENTS TO LOCAL RULE 2.03, COURT COSTS AND SPECIAL FEES (EMERGENCY STATUS EFFECTIVE MARCH 1, 2017)
01/13/17 AMENDMENTS TO LOCAL RULE 2.39, CIVIL MEDIATION
09/15/16 AMENDMENTS TO LOCAL RULE 3.09, COURT APPOINTMENT OF COUNSEL (EMERGENCY STATUS - EFFECTIVE SEPTEMBER 20, 2016)
08/05/16 AMENDMENTS TO LOCAL RULE 1.19, THE ASSIGNMENT SYSTEM
02/04/16 AMENDMENTS TO LOCAL RULE 2.03, COURT COSTS AND SPECIAL FEES (EMERGENCY STATUS -- EFFECTIVE MARCH 7, 2016)
12/16/15 Veteran's Treatment Court Graduation Keynote Address
12/08/15 AMENDMENTS TO LOCAL RULE 2.07 EMERGENCY STATUS – EFFECTIVE DECEMBER 14, 2015
12/10/14 PROPOSED AMENDMENTS TO LOCAL RULES 2.01, 2.07, 2.31, 2.39
09/04/14 Veterans Treatment Court Mentoring Program
08/25/14 Amendments to Local Rules 2.01 – 3.15 Effective August 29, 2014
08/25/14 Revised Local Rule 1.15 Effective August 29, 2014
07/30/14 Veterans Treatment Court
05/07/14 AMENDMENTS TO LOCAL RULES: Gender Specific Court, EMERGENCY STATUS effective May 12th, 2014
03/21/14 AMENDMENTS TO LOCAL RULES 1.01 – 1.41 EMERGENCY STATUS – EFFECTIVE MARCH 21, 2014
10/01/13 NEW LOCAL RULES: 3.12, Drug Court 3.13, Veteran’s Court 3.14, Felony Non-Support Court
08/22/13 LOCAL RULE 2.39 CIVIL MEDIATION EMERGENCY STATUS UPDATE
08/16/13 PROPOSED AMENDMENTS, LOCAL RULE 3.09, COURT APPOINTMENT OF COUNSEL
04/08/13 NEW LOCAL RULE 2.40, CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT
03/06/13 AMENDMENTS TO LOCAL RULE 2.03, COSTS
02/01/13 MANDATORY ELECTRONIC FILING OF CRIMINAL AND FUGITIVE CASES
11/20/12 DELAYED IMPLEMENTATION: MANDATORY CRIMINAL EFILING
11/01/12 eFiling for Process Servers and Criminal and Fugitive cases
10/12/12 I-75 Downtown Dayton Construction Update
08/08/12 PROPOSED AMENDMENT(S) TO LOCAL RULE 2.31
05/01/12 PROPOSED AMENDMENT(S) TO LOCAL RULE 1.23
11/02/11 PROPOSED AMENDMENT(S) TO LOCAL RULES 1.27 and 2.39
08/08/11 AMENDMENT TO LOCAL RULE 1.33 EFFECTIVE AUGUST 8, 2011
06/08/11 PROPOSED AMENDMENT(S) TO LOCAL RULES 1.15 1.35 1.37 1.41 2.17
02/14/11 Request For Quotation, Legal Publishing Services
08/04/10 AMENDMENT(S) TO LOCAL RULE 1.27
06/03/10 Final Entry and Order: Loc. R. 2.23, Judicial Sale of Real Estate
05/05/10 AMENDMENT(S) TO LOCAL RULE 2.23
02/02/10 PROPOSED Amendment to Local Rule 2.23
12/01/09 EFILILING Civil Cases to be mandatory
11/04/09 AMENDMENT TO LOCAL RULE 2.03, COSTS
09/01/09 Evidence Destruction Notice
08/11/09 Request For Quotation, Transcription Services
06/06/09 Amendments to all local rules through June 08, 2009
06/05/09 AMENDMENT(S) TO LOCAL RULE 2.33
05/07/09 Amendments to local rules 1.33, 2.01, 2.03, 2.35 & 2.39
04/27/09 LAW DAY
04/20/09 E-Filing Administrative Rule, effective April 1, 2009
03/04/09 AMENDMENT TO LOCAL RULE 2.31
11/04/08 AMENDMENT(S) TO LOCAL RULE 1.19, 1.27, 1.29, 1.30, 2.03
10/08/08 Notice for destruction of Evidence
08/11/08 PROPOSED E-Filing ADMINISTRATIVE RULE
08/10/08 PROPOSED AMENDMENT(S) TO LOCAL RULE 1.19, 1.27, 1.29, 1.30
06/01/08 AMENDMENT(S) TO LOCAL RULE 2.01
05/19/08 Mortgage Foreclosure Help Resources
05/02/08 Law Day Dayton Daily News insert
03/06/08 New E-Filing webblog now available
01/23/08 Request For Quotation, Transcription Services
09/06/07 Local Rule Change
08/01/07 RFP for Electronic Filing System
05/22/07 Trial By Jury
05/10/07 Proposed Local Rule Change
05/10/07 Proposed Local Rule Change
05/06/07 Entrance Access during Construction
03/07/07 Proposed Local Rule Change
02/09/07 Local Rule Change
05/16/06 Electronic Filing Project Newsletter
03/07/06 Montgomery County Common Pleas Court Sponsors Law Day Essay Contest
06/01/05 Jury News
03/01/05 Pre-S.B. 80 Case Management Track
03/11/04 PROPOSED AMENDMENTS TO LOCAL RULES
02/12/04 HABITAT AWARD
11/14/03 NOTICE OF REVISED AMENDMENTS TO LOCAL RULES
11/04/03 GENERAL DIVISION WEB SITE RECEIVES NATIONAL RECOGNITION
06/04/03 Division of Criminal Justice Services ACA / CAC Audits
04/30/03 Law Day 2003
 

AMENDMENTS TO LOCAL RULE 2.03, COURT COSTS AND SPECIAL FEES (EMERGENCY STATUS -- EFFECTIVE MARCH 7, 2016)

Posted: 2016-02-04

NOTICE

MONTGOMERY COUNTY COMMON PLEAS COURT, GENERAL DIVISION

AMENDMENTS TO LOCAL RULE 2.03, COURT COSTS AND SPECIAL FEES

(EMERGENCY STATUS – EFFECTIVE MARCH 7, 2016)

 

The General Division of the Montgomery County Common Pleas Court adopted amendments to Local Rule 2.03 effective March 7, 2016

Pursuant to Mont. Co. C.P.R. 1.03 of the Local Rules of Practice and Procedure for the Montgomery County Court of Common Pleas and Rule 5 of the Rules of Superintendence for the Courts of Ohio, the adopted amendments are being published for a sixty-day comment period beginning Monday, February 8, 2016, through Thursday, April 7, 2016.

Comments regarding the adopted amendments to Local Rule 2.03 can be submitted via email to rulecom@montcourt.org or in writing to:

James E. Dare, Court Administrator

Montgomery County Common Pleas Court

41 N. Perry Street

P.O. Box 972

Dayton, OH  45422

 

Comments must be received by 4:30 p.m. on Thursday, April 7, 2016.

 

Rule 2.03 – Court Costs and Special Fees

 

A.      FILING FEE:

1.      No civil action or proceeding shall be accepted for filing unless there is deposited as security for costs the amount set forth in Appendix G.

2.      A convenience fee of 2.0% (“Conv. Fee”) shall be added to all eFiled cases and shall be paid at the time of filing, along with the deposit.  This Conv. Fee applies to cases filed by pro se parties who are not registered users of the Court’s eFile system and file in accordance with Mont. Co. C.P.R. 1.15(J).

3.      If the party initiating the civil action is unable to give security or a cash deposit as provided under this Rule, then said party shall file an affidavit of indigence along with the complaint or other filing requiring a filing fee as set forth in Appendix G. 

a.      The affidavit shall be accepted by the Clerk and the collection of costs shall be postponed until the case is terminated.

b.      The Court may review the affidavit of indigence and make a determination whether the filer is, in fact, indigent.  The Court may refer the affidavit of indigence to the Magistrate to make the determination.

 

B.      COURT LEGAL RESEARCH/COMPUTERIZATION FEE:

1.      Pursuant to R.C. § 2303.201(A)(1), the Court has determined that, for the efficient operation of the Court, additional funds are necessary to computerize the Court and to obtain legal research services.

2.      As authorized under R.C. § 2303.201(A)(1), the Clerk shall charge an additional fee of $6.00 on the filing of each cause of action or appeal under divisions (A), (Q), and (U) of R.C. § 2303.20.

3.      All fees collected pursuant to this Subsection shall be used for procuring and maintaining computerization of the Court and computerized legal research services.

4.      All fees collected pursuant to this Subsection shall be paid to the Montgomery County Treasurer (“Treasurer”), who shall place the funds from the fee in a separate fund to be disbursed upon an order of the Court. 

 

C.      CLERK COMPUTERIZATION/TECHNOLOGY ADVANCE FEE:

1.      Pursuant to R.C. § 2303.201(B)(1), the Court has determined that, for the efficient operation of the Court, additional funds are necessary to make technological advances in order to computerize the office of the Clerk.

2.      As authorized under R.C. § 2303.201(B)(1), the Clerk shall charge an additional fee of $20.00 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 R.C. § 2303.20 and an additional fee of $1.00 each for the services described in divisions (B), (C), (D), (F), (H), and (L) of R.C. § 2303.20.

3.      All fees collected pursuant to this Subsection shall be used for procuring and maintaining technology and computer systems for the office of the Clerk.

4.      All fees collected pursuant to this Subsection shall be paid to the Treasurer, who shall place the funds from the fees in a separate fund to be disbursed upon an order of the Court.

 

D.     SPECIAL PROJECT FEES:

1.      Dispute Resolution Fee:

a.      Pursuant to R.C. § 2303.201(E)(1), the Court has determined that, for the efficient operation of the Court, additional funds are necessary to pay for dispute resolution services.

b.      As authorized under R.C. § 2303.201(E)(1), the Clerk shall charge, in addition to all other costs, a fee of $45.00 on the filing of each criminal cause, civil action or proceeding, or judgment by confession.

c.       All fees collected pursuant to this Subsection shall be used to implement any procedures established for the resolution of disputes between parties to any civil or criminal action that is within the jurisdiction of the Court.

d.      All fees collected pursuant to this Subsection shall be paid to the Treasurer, who shall place the funds from the fee in a separate dispute resolution fund to be disbursed upon an order of the Court.

2.      Electronic Filing And Storage of Case Records Fee:

a.      Pursuant to R.C. § 2303.201(E)(1), the Court has determined that, for the efficient operations of the Court, additional funds are necessary to pay for the costs of eFiling and storage of case records and related materials.

b.      As authorized under R.C. § 2303.201(E)(1), the Clerk shall charge, in addition to all other costs, a fee of $35.00 on the filing of each criminal cause, civil action or proceeding, or judgment by confession.

c.       All fees collected pursuant to this Subsection shall be used for special projects related to eFiling and storage of case records and related materials.

d.      All fees collected pursuant to this Subsection shall be paid to the Treasurer, who shall place the funds from the fee in a separate eFiling fund to be disbursed upon an order of the Court.

3.       General Special Project Fee:

a.      Pursuant to R.C. § 2303.201(E)(1), the Court has determined that, for the efficient operations of the Court, additional funds are necessary to acquire and pay for special projects of the Court.

b.      As authorized under R.C. § 2303.201(E)(1), the Clerk shall charge, in addition to all other costs, a fee of $30.00 on the filing of each criminal cause, civil action or proceeding, or judgment by confession.

c.       All fees collected pursuant to this Subsection shall be used for special projects consistent with R.C. § 2303.201(E)(1).

d.      All fees collected pursuant to this Subsection shall be paid to the Treasurer, who shall place the funds from the fee in a separate general special project fund to be disbursed upon an order of the Court.

4.       Special Project Fee for Court Technology Advancement:

a.      Pursuant to R.C. § 2303.201(E)(1), the Court has determined that, for the efficient operations of the Court, additional funds are necessary to acquire and pay for special projects (technology advancement) of the Court.

b.      As authorized under R.C. § 2303.201(E)(1), the Clerk shall charge, in addition to all other costs, a fee of $50.00 on each civil action or proceeding.  The fee will be charged as $25.00 at the time of civil filing and a $25.00 reduction in the returned deposit.

c.       All fees collected pursuant to this Subsection shall be used for technology advancement and technology special projects consistent with R.C. § 2303.201(E)(1).

d.      All fees collected pursuant to this Subsection shall be paid to the Treasurer, who shall place the funds from the fee in a separate general special project fund to be disbursed upon an order of the Court.

 

Appendix G (Referred to in Mont. Co. C.P.R. 2.03, Costs, 2.13, Payment of Witness Fees & 2.33, Aid of Execution)

 

CIVIL FILING FEES*

Effective 3/7/16

 

*Pursuant to Mont. Co. C.P.R. 2.03(A)(2) a Conv. Fee of 2.0% shall be paid at the time of filing for all eFiled cases and proceedings in addition to the filing fees set forth below.

 

Civil Complaints

Foreclosure Complaints

$525.00

Other Civil Complaints

$325.00

Second District Court of Appeals – Notice of Appeal

$100.00

 

 

Certificates of Judgment

Filing of Certificate of Judgment

$  30.00

Prepare Certificate of Judgment for Foreign County

$    5.00

Prepare Certificate of Judgment for Montgomery County

$  35.00

Foreign Certificate of Judgment

$  40.00

Release of Certificate of Judgment (Note:  If a party filing for release of a certificate of judgment has an execution case pending against the party on an Ohio state lien, there may be additional fees.  Please contact the Clerk to calculate any additional fee.)

 

 

$   5.00

 

 

Executions

Order in Aid Proceedings (Debtor Exams)

$  50.00

Order in Aid Proceedings (Bank Attachment) (Note:  In addition to the filing fee, the filing party must include a $1 check made payable to the bank (“Bank Charge”).  A separate Order in Aid Proceeding, including the filing fee and Bank Charge, is required for each bank attachment.)

 

 

 

$  50.00

Order in Aid Proceedings (Garnishment)

$  50.00

Executions Against Chattels

$  50.00

 

Miscellaneous

Filing of Ohio state lien

$  40.00

Order of Sale

$500.00

Writ of Restitution

$  65.00

Witness Fee – full day (Note:  See Mont. Co. C.P.R. 2.13, Method of Payment and Exclusions from Payment; add mileage fee of $0.10/mile, round trip, for non-residents of Montgomery County, Ohio)

 

 

$  12.00

Witness Fee – half day (Note:  See Mont. Co. C.P.R. 2.13, Method of Payment and Exclusions from Payment; add mileage fee of $0.10/mile, round trip, for non-residents of Montgomery County, Ohio)

 

 

$   6.00

Notarial Certificate

$  1.00

Registration of Notary Public Commission

$  15.00

Certified Copies (per page)

$  1.00

Photocopies (per page)

$  0.10

 

 
     
 
Judges | Juror Info | Reference | Site Map | Other Sites | Feedback | FAQ
Forms | Rules | Contact | Jobs | Español | Search

Copyright 2001 -2017 Montgomery County Common Pleas Court
Please contact the Webmaster with any comments or problems with this website.