As amended through July 25, 2024
A. At the time of filing a notice of appeal, cross-appeal, or delayed appeal in the trial court, the appellant and cross-appellant shall deposit with the clerk of courts the sum set by the clerk as security for the payment of costs that may accrue in the appeal. The sum set by the clerk shall not be less than $100.B. At the time of filing a complaint in an original action (quo warranto, mandamus, habeas corpus, prohibition, or procedendo), the relator shall deposit with the clerk of the Court of Appeals the sum set by the clerk as security for the payment of costs that may accrue in the action. The sum set by the clerk shall not be less than $100. If a party seeks the attendance of a witness through a subpoena, the party shall first deposit with the clerk of the Court of Appeals $20 for each witness.C. If the party bringing the appeal or original action, or the party seeking the attendance of a witness, claims to be unable to pay a deposit, the party shall:1. File a motion to waive the payment of the deposit and file a financial disclosure form with certification of indigent status that contains financial information to support the party's claim that the party is unable to make the deposit.a. The party must use the financial disclosure form with certification approved by this Court as posted on the Court's website. A criminal defendant may use the financial disclosure form prescribed by the Ohio Public Defender's office.b. If the financial disclosure form with certification is filed out by an inmate of a state institution, it shall be accompanied by a certificate of the superintendent or other appropriate officer of the institution setting forth the amount of available funds, if any, that the inmate has on deposit with the institution.c. This Court's grant of a waiver of the deposit does not waive the liability to pay the court costs as ordered by this Court at the termination of the appeal or original action.d. No security deposit shall be required on appeals by the State or any of its subdivisions. OR
2. Where counsel has been appointed by a trial court to represent an indigent party, a copy of the entry of appointment may be filed in lieu of filing a motion to waive the cost deposit. Counsel shall include a cover page that complies with App.R. 19(B) with the entry of appointment attached. The filing of the order of appointment shall serve to waive the payment of the cost deposit without further order of this Court, but does not waive the liability to pay the court costs as ordered by this Court at the termination of the appeal or original action.D. Failure to Pay Deposit or File Indigency Forms1.Appeals: The clerk shall accept a notice of appeal even if the cost deposit has not been paid or the party has failed to follow the requirements of Loc.R. 2(C)(1) for waiving costs, but this Court may dismiss the case at any time if the deposit is not paid or a proper waiver of the payment is not provided as set forth in these local rules.2.Original Actions: If the party bringing an original action, or the party seeking the attendance of a witness in an original action, files with the clerk a sworn affidavit of inability to secure costs by prepayment, the clerk shall receive and file the complaint or subpoena the witnesses without security deposits. After notice to all of the parties, this Court may dismiss the case at any time if the deposit is not paid or a proper waiver of the payment is not provided as set forth in these local rules.