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Rule Changes

NOTICE

MONTGOMERY COUNTY COMMON PLEAS COURT, GENERAL DIVISION

AMENDMENTS TO LOCAL RULE 2.03, COURT COSTS AND SPECIAL FEES

(EMERGENCY STATUS – EFFECTIVE MARCH 1, 2017)

 

The General Division of the Montgomery County Common Pleas Court adopted amendments to Local Rule 2.03 effective MARCH 1, 2017.

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 Wednesday, March 1, 2017, through Monday, May 1, 2017.

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 Monday, May 1, 2017.

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.

a.      Exceptions to security costs of Civil Complaints:

i.        Notice of Filing Auxiliary Case/Issuance of Subpoena(s) pursuant to O.R.C. 2319.09 fee shall be $50.00.

ii.       Certificate of Qualification for Employment fee shall be $50.00.

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.


 



CIVIL FILING FEES*

Effective 3/1/17

 

*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

Certificate of Qualification for Employment

$50.00

Notice of Filing Auxiliary Case / Issuance of Subpoena(s) Pursuant to O.R.C. 2319.09

$50.00

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

 

 
     
 
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