Ohio L.C.C.R. 3

As amended through July 25, 2024
Rule 3 - Fees; Costs
(A)Fees. In civil actions, the fees charged shall be as provided in R.C. 2303.20 and R.C. 2743.75(D)(1). The clerk, except as provided in subdivision (B), shall not accept a claim for filing including claims removed to the Court of Claims, unless such filing is accompanied by the filing fee prescribed by the court.
(B)Poverty affidavit. The clerk shall accept for filing all complaints accompanied by a poverty affidavit which states specific reasons for the inability to pay the filing fee. In an action in which a poverty affidavit has been filed, the clerk shall serve all process and pay the expenses therefor from the funds of the court and tax such expenses as costs. The clerk or the court may at any time require additional information to determine the validity of the poverty affidavit.
(C)Copying fee. The clerk may charge a fee of ten cents per page for uncertified copies of pleadings, process, records, or files.
(D)Witness fees; Service of subpoena. Pursuant to R.C. 2743.06, in civil actions in the Court of Claims, the party at whose instance a witness is subpoenaed or deposition is taken shall pay the witness fees and mileage, except that the state may not pay the fees to its own employees. The witness fees and mileage shall not be taxed as costs.

Where a party requests service upon a witness who resides outside the county in which the trial will be located, the request shall, pursuant to Civil Rule 45(B), be accompanied by a check made payable to the requested witness, in the amount of one day's witness fees plus mileage. The clerk shall enter the fact of the receipt of the check, along with the request for service of the subpoena, in the docket and shall forward the subpoena and check, to be served by the sheriff of the county in which the witness resides or where service is directed by the party.

(E)Overpayment of costs or fees. If any party or counsel for any party tenders payment for more than the cost or fee to be assessed, the clerk may cause the entire amount tendered to be deposited or may refuse and return the amount tendered. Refusal and return does not constitute waiver of the payment of the required fee or cost.

Ohio. L.C.C.R. 3