As Passed by the Senate 1
122nd General Assembly 4
Regular Session Am. Sub. H. B. No. 507 5
1997-1998 6
REPRESENTATIVES BATEMAN-GARDNER-HAINES-CATES-CAREY-BRITTON- 8
REID-GARCIA-KREBS-METELSKY-PADGETT-BRADING-OGG-O'BRIEN- 9
BUCHY-VESPER-NETZLEY-WILLIAMS-OPFER-SUTTON-CALLENDER- 10
HARTLEY-WOMER BENJAMIN-MASON-JONES-COUGHLIN-TIBERI- 11
KASPUTIS-JOHNSON-GRENDELL-SALERNO-MYERS-THOMAS-WINKLER- 12
WISE-HARRIS-AMSTUTZ-TERWILLEGER-SENATORS HERINGTON- WHITE-SHEERER 14
_________________________________________________________________ 16
A B I L L
To amend sections 1901.08, 1901.26, 1907.24, 18
1925.02, 1925.04, 1925.13, 2303.201, and 2501.16 20
and to repeal section 1925.08 of the Revised Code
to repeal the limitation that persons generally 21
cannot file more than twenty-four claims in the 23
small claims division of any municipal or county 24
court within any calendar year, to repeal the 26
limitation on the amount of the filing fee a 27
small claims division may charge for commencing a 28
civil action, to expand the special projects for
which a municipal court or county court may 30
charge an additional filing fee on the filing of
each criminal cause, civil action or proceeding, 31
or judgment on the case, to permit a court of 32
common pleas to charge an additional filing fee 33
on the filing of each criminal cause, civil 34
action or proceeding, or judgment by confession
to acquire and pay for special projects of the 35
court, to permit a court of appeals to charge an
additional filing fee on the filing of each case 36
or cause over which the court has jurisdiction to 37
acquire and pay for special projects of the
court, to change the status of the judge of the 39
2
Washington Court House Municipal Court from
part-time to full-time, and to change the status 40
of the judge of the South Euclid Municipal Court 41
from part-time to full-time.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 43
Section 1. That sections 1901.08, 1901.26, 1907.24, 45
1925.02, 1925.04, 1925.13, 2303.201, and 2501.16 of the Revised 46
Code be amended to read as follows: 47
Sec. 1901.08. The number of, and the time for election of, 56
judges of the following municipal courts and the beginning of 57
their terms shall be as follows: 58
In the Akron municipal court, two full-time judges shall be 60
elected in 1951, two full-time judges shall be elected in 1953, 61
one full-time judge shall be elected in 1967, and one full-time 62
judge shall be elected in 1975. 63
In the Alliance municipal court, one full-time judge shall 65
be elected in 1953. 66
In the Ashland municipal court, one full-time judge shall 68
be elected in 1951. 69
In the Ashtabula municipal court, one full-time judge shall 71
be elected in 1953. 72
In the Athens county municipal court, one full-time judge 74
shall be elected in 1967. 75
In the Auglaize county municipal court, one full-time judge 77
shall be elected in 1975. 78
In the Avon Lake municipal court, one part-time judge shall 80
be elected in 1957. 81
In the Barberton municipal court, one full-time judge shall 83
be elected in 1969, and one full-time judge shall be elected in 84
1971. 85
In the Bedford municipal court, one full-time judge shall 87
be elected in 1975, and one full-time judge shall be elected in 88
3
1979. 89
In the Bellefontaine municipal court, one full-time judge 91
shall be elected in 1993. 92
In the Bellevue municipal court, one part-time judge shall 94
be elected in 1951. 95
In the Berea municipal court, one part-time judge shall be 97
elected in 1957, term to commence on the first day of January 98
next after election, and one part-time judge shall be elected in 100
1981, term to commence on the second day of January next after 101
election. The part-time judge elected in 1987 whose term 102
commenced on January 1, 1988, shall serve until December 31,
1993, and the office of that judge is abolished, effective on the 103
earlier of December 31, 1993, or the date on which that judge 104
resigns, retires, or otherwise vacates judicial office. 105
In the Bowling Green municipal court, one full-time judge 107
shall be elected in 1983. 108
In the Bryan municipal court, one full-time judge shall be 110
elected in 1965. 111
In the Cambridge municipal court, one full-time judge shall 113
be elected in 1951. 114
In the Campbell municipal court, one part-time judge shall 116
be elected in 1963. 117
In the Canton municipal court, one full-time judge shall be 119
elected in 1951, one full-time judge shall be elected in 1969, 120
and two full-time judges shall be elected in 1977. 121
In the Celina municipal court, one full-time judge shall be 123
elected in 1957. 124
In the Champaign county municipal court, one part-time 126
judge shall be elected in 1983. 127
In the Chardon municipal court, one part-time judge shall 129
be elected in 1963. 130
In the Chillicothe municipal court, one full-time judge 132
shall be elected in 1951, and one full-time judge shall be 133
elected in 1977. 134
4
In the Circleville municipal court, one full-time judge 136
shall be elected in 1953. 137
In the Clark county municipal court, one full-time judge 139
shall be elected in 1989, and two full-time judges shall be 140
elected in 1991. The full-time judges of the Springfield 141
municipal court who were elected in 1983 and 1985 shall serve as 142
the judges of the Clark county municipal court from January 1, 143
1988, until the end of their respective terms. 144
In the Clermont county municipal court, two full-time 146
judges shall be elected in 1991. 147
In the Cleveland municipal court, six full-time judges 149
shall be elected in 1975, three full-time judges shall be elected 150
in 1953, and four full-time judges shall be elected in 1955. 151
In the Cleveland Heights municipal court, one full-time 153
judge shall be elected in 1957. 154
In the Clinton county municipal court, one full-time judge 156
shall be elected in 1997. The full-time judge of the Wilmington 157
municipal court who was elected in 1991 shall serve as the judge 158
of the Clinton county municipal court from July 1, 1992, until 159
the end of that judge's term on December 31, 1997. 160
In the Conneaut municipal court, one full-time judge shall 162
be elected in 1953. 163
In the Coshocton municipal court, one full-time judge shall 165
be elected in 1951. 166
In the Crawford county municipal court, one full-time judge 168
shall be elected in 1977. 169
In the Cuyahoga Falls municipal court, one full-time judge 171
shall be elected in 1953, and one full-time judge shall be 172
elected in 1967. 173
In the Dayton municipal court, three full-time judges shall 175
be elected in 1987, their terms to commence on successive days 176
beginning on the first day of January next after their election, 177
and two full-time judges shall be elected in 1955, their terms to 178
commence on successive days beginning on the second day of 179
5
January next after their election. 180
In the Defiance municipal court, one full-time judge shall 182
be elected in 1957. 183
In the Delaware municipal court, one full-time judge shall 185
be elected in 1953. 186
In the East Cleveland municipal court, one full-time judge 188
shall be elected in 1957. 189
In the East Liverpool municipal court, one full-time judge 191
shall be elected in 1953. 192
In the Eaton municipal court, one full-time judge shall be 194
elected in 1973. 195
In the Elyria municipal court, one full-time judge shall be 197
elected in 1955, and one full-time judge shall be elected in 198
1973. 199
In the Euclid municipal court, one full-time judge shall be 201
elected in 1951. 202
In the Fairborn municipal court, one full-time judge shall 204
be elected in 1977. 205
In the Fairfield municipal court, one full-time judge shall 207
be elected in 1989. 208
In the Findlay municipal court, one full-time judge shall 210
be elected in 1955, and one full-time judge shall be elected in 211
1993. 212
In the Fostoria municipal court, one full-time judge shall 214
be elected in 1975. 215
In the Franklin municipal court, one part-time judge shall 217
be elected in 1951. 218
In the Franklin county municipal court, two full-time 220
judges shall be elected in 1969, three full-time judges shall be 221
elected in 1971, seven full-time judges shall be elected in 1967, 222
one full-time judge shall be elected in 1975, one full-time judge 224
shall be elected in 1991, and one full-time judge shall be
elected in 1997. 225
In the Fremont municipal court, one full-time judge shall 227
6
be elected in 1975. 228
In the Gallipolis municipal court, one full-time judge 230
shall be elected in 1981. 231
In the Garfield Heights municipal court, one full-time 233
judge shall be elected in 1951, and one full-time judge shall be 234
elected in 1981. 235
In the Girard municipal court, one full-time judge shall be 237
elected in 1963. 238
In the Hamilton municipal court, one full-time judge shall 240
be elected in 1953. 241
In the Hamilton county municipal court, five full-time 243
judges shall be elected in 1967, five full-time judges shall be 244
elected in 1971, two full-time judges shall be elected in 1981, 245
and two full-time judges shall be elected in 1983. All terms of 246
judges of the Hamilton county municipal court shall commence on 247
the first day of January next after their election, except that 248
the terms of the additional judges to be elected in 1981 shall 249
commence on January 2, 1982, and January 3, 1982, and that the 250
terms of the additional judges to be elected in 1983 shall 251
commence on January 4, 1984, and January 5, 1984. 252
In the Hardin county municipal court, one part-time judge 254
shall be elected in 1989. 255
In the Hillsboro municipal court, one part-time judge shall 257
be elected in 1957. 258
In the Hocking county municipal court, one full-time judge 260
shall be elected in 1977. 261
In the Huron municipal court, one part-time judge shall be 263
elected in 1967. 264
In the Ironton municipal court, one full-time judge shall 266
be elected in 1951. 267
In the Jackson county municipal court, one full-time judge 269
shall be elected in 2001. On and after March 31, 1997, the 271
part-time judge of the Jackson county municipal court who was 272
elected in 1995 shall serve as a full-time judge of the court 273
7
until the end of that judge's term on December 31, 2001. 274
In the Kettering municipal court, one full-time judge shall 276
be elected in 1971, and one full-time judge shall be elected in 277
1975. 278
In the Lakewood municipal court, one full-time judge shall 280
be elected in 1955. 281
In the Lancaster municipal court, one full-time judge shall 283
be elected in 1951, and one full-time judge shall be elected in 284
1979. 285
In the Lawrence county municipal court, one part-time judge 287
shall be elected in 1981. 288
In the Lebanon municipal court, one part-time judge shall 290
be elected in 1955. 291
In the Licking county municipal court, one full-time judge 293
shall be elected in 1951, and one full-time judge shall be 294
elected in 1971. 295
In the Lima municipal court, one full-time judge shall be 297
elected in 1951, and one full-time judge shall be elected in 298
1967. 299
In the Lorain municipal court, one full-time judge shall be 301
elected in 1953, and one full-time judge shall be elected in 302
1973. 303
In the Lyndhurst municipal court, one part-time judge shall 305
be elected in 1957. 306
In the Madison county municipal court, one full-time judge 308
shall be elected in 1981. 309
In the Mansfield municipal court, one full-time judge shall 311
be elected in 1951, and one full-time judge shall be elected in 312
1969. 313
In the Marietta municipal court, one full-time judge shall 315
be elected in 1957. 316
In the Marion municipal court, one full-time judge shall be 318
elected in 1951. 319
In the Marysville municipal court, one part-time judge 321
8
shall be elected in 1963. 322
In the Mason municipal court, one part-time judge shall be 324
elected in 1965. 325
In the Massillon municipal court, one full-time judge shall 327
be elected in 1953, and one full-time judge shall be elected in 328
1971. 329
In the Maumee municipal court, one full-time judge shall be 331
elected in 1963. 332
In the Medina municipal court, one full-time judge shall be 334
elected in 1957. 335
In the Mentor municipal court, one full-time judge shall be 337
elected in 1971. 338
In the Miami county municipal court, one full-time judge 340
shall be elected in 1975, and one full-time judge shall be 341
elected in 1979. 342
In the Miamisburg municipal court, one part-time judge 344
shall be elected in 1951. 345
In the Middletown municipal court, one full-time judge 347
shall be elected in 1953. 348
In the Mount Vernon municipal court, one full-time judge 350
shall be elected in 1951. 351
In the Napoleon municipal court, one part-time judge shall 353
be elected in 1963. 354
In the New Philadelphia municipal court, one full-time 356
judge shall be elected in 1975. 357
In the Newton Falls municipal court, one full-time judge 359
shall be elected in 1963. 360
In the Niles municipal court, one full-time judge shall be 362
elected in 1951. 363
In the Norwalk municipal court, one full-time judge shall 365
be elected in 1975. 366
In the Oakwood municipal court, one part-time judge shall 368
be elected in 1953. 369
In the Oberlin municipal court, one full-time judge shall 371
9
be elected in 1989. 372
In the Oregon municipal court, one full-time judge shall be 374
elected in 1963. 375
In the Ottawa county municipal court, one full-time judge 377
shall be elected in 1995, and the full-time judge of the Port 378
Clinton municipal court who is elected in 1989 shall serve as the 379
judge of the Ottawa county municipal court from February 4, 1994, 380
until the end of that judge's term.
In the Painesville municipal court, one full-time judge 382
shall be elected in 1951. 383
In the Parma municipal court, one full-time judge shall be 385
elected in 1951, one full-time judge shall be elected in 1967, 386
and one full-time judge shall be elected in 1971. 387
In the Perrysburg municipal court, one full-time judge 389
shall be elected in 1977. 390
In the Portage county municipal court, two full-time judges 392
shall be elected in 1979, and one full-time judge shall be 393
elected in 1971. 394
In the Port Clinton municipal court, one full-time judge 396
shall be elected in 1953. The full-time judge of the Port 397
Clinton municipal court who is elected in 1989 shall serve as the 398
judge of the Ottawa county municipal court from February 4, 1994, 399
until the end of that judge's term. 400
In the Portsmouth municipal court, one full-time judge 402
shall be elected in 1951, and one full-time judge shall be 403
elected in 1985. 404
In the Rocky River municipal court, one full-time judge 406
shall be elected in 1957, and one full-time judge shall be 407
elected in 1971. 408
In the Sandusky municipal court, one full-time judge shall 410
be elected in 1953. 411
In the Shaker Heights municipal court, one full-time judge 413
shall be elected in 1957. 414
In the Shelby municipal court, one part-time judge shall be 416
10
elected in 1957. 417
In the Sidney municipal court, one full-time judge shall be 419
elected in 1995. 420
In the South Euclid municipal court, one part-time 422
FULL-TIME judge shall be elected in 1951 1999. THE PART-TIME 423
JUDGE ELECTED IN 1993, WHOSE TERM COMMENCED ON JANUARY 1, 1994, 424
SHALL SERVE UNTIL DECEMBER 31, 1999, AND THE OFFICE OF THAT JUDGE 425
IS ABOLISHED ON JANUARY 1, 2000. 426
In the Springfield municipal court, two full-time judges 428
shall be elected in 1985, and one full-time judge shall be 429
elected in 1983, all of whom shall serve as the judges of the 430
Springfield municipal court through December 31, 1987, and as the 431
judges of the Clark county municipal court from January 1, 1988, 432
until the end of their respective terms. 433
In the Steubenville municipal court, one full-time judge 435
shall be elected in 1953. 436
In the Struthers municipal court, one part-time judge shall 438
be elected in 1963. 439
In the Sylvania municipal court, one full-time judge shall 441
be elected in 1963. 442
In the Tiffin municipal court, one full-time judge shall be 444
elected in 1953. 445
In the Toledo municipal court, two full-time judges shall 447
be elected in 1971, four full-time judges shall be elected in 448
1975, and one full-time judge shall be elected in 1973. 449
In the Upper Sandusky municipal court, one part-time judge 451
shall be elected in 1957. 452
In the Vandalia municipal court, one full-time judge shall 454
be elected in 1959. 455
In the Van Wert municipal court, one full-time judge shall 457
be elected in 1957. 458
In the Vermilion municipal court, one part-time judge shall 460
be elected in 1965. 461
In the Wadsworth municipal court, one full-time judge shall 463
11
be elected in 1981. 464
In the Warren municipal court, one full-time judge shall be 466
elected in 1951, and one full-time judge shall be elected in 467
1971. 468
In the Washington Court House municipal court, one 470
part-time FULL-TIME judge shall be elected in 1951 1999. THE 472
PART-TIME JUDGE ELECTED IN 1993, WHOSE TERM COMMENCED ON JANUARY 473
1, 1994, SHALL SERVE UNTIL DECEMBER 31, 1999, AND THE OFFICE OF 474
THAT JUDGE IS ABOLISHED ON JANUARY 1, 2000.
In the Wayne county municipal court, one full-time judge 476
shall be elected in 1975, and one full-time judge shall be 477
elected in 1979. 478
In the Willoughby municipal court, one full-time judge 480
shall be elected in 1951. 481
In the Wilmington municipal court, one full-time judge 483
shall be elected in 1991, who shall serve as the judge of the 484
Wilmington municipal court through June 30, 1992, and as the 485
judge of the Clinton county municipal court from July 1, 1992, 486
until the end of that judge's term on December 31, 1997. 487
In the Xenia municipal court, one full-time judge shall be 489
elected in 1977. 490
In the Youngstown municipal court, one full-time judge 492
shall be elected in 1951, and two full-time judges shall be 493
elected in 1953. 494
In the Zanesville municipal court, one full-time judge 496
shall be elected in 1953. 497
Sec. 1901.26. (A) Subject to division (C)(E) of this 508
section, costs in a municipal court shall be fixed and taxed as 509
follows:
(1) The municipal court shall require an advance deposit 511
for the filing of any new civil action or proceeding when 512
required by division (A)(9) of this section, and in all other 513
cases, by rule, shall establish a schedule of fees and costs to 514
be taxed in any civil or criminal action or proceeding. 515
12
(2) The municipal court, by rule, may require an advance 517
deposit for the filing of any civil action or proceeding and 518
publication fees as provided in section 2701.09 of the Revised 519
Code. The court may waive the requirement for advance deposit 520
upon affidavit or other evidence that a party is unable to make 522
the required deposit.
(3) When a jury trial is demanded in any civil action or 524
proceeding, the party making the demand may be required to make 525
an advance deposit as fixed by rule of court, unless, upon 526
affidavit or other evidence, the court concludes that the party 527
is unable to make the required deposit. If a jury is called, the 529
fees of a jury shall be taxed as costs.
(4) In any civil or criminal action or proceeding, 531
witnesses' fees shall be fixed in accordance with sections 532
2335.06 and 2335.08 of the Revised Code. 533
(5) A reasonable charge for driving, towing, carting, 535
storing, keeping, and preserving motor vehicles and other 536
personal property recovered or seized in any proceeding may be 537
taxed as part of the costs in a trial of the cause, in an amount 539
that shall be fixed by rule of court.
(6) Chattel property seized under any writ or process 541
issued by the court shall be preserved pending final disposition 542
for the benefit of all persons interested and may be placed in 543
storage when necessary or proper for that preservation. The 544
custodian of any chattel property so stored shall not be required 545
to part with the possession of the property until a reasonable 546
charge, to be fixed by the court, is paid. 547
(7) The municipal court, as it determines, may refund all 549
deposits and advance payments of fees and costs, including those 551
for jurors and summoning jurors, when they have been paid by the 552
losing party.
(8) Charges for the publication of legal notices required 554
by statute or order of court may be taxed as part of the costs, 555
as provided by section 7.13 of the Revised Code. 556
13
(B)(1) The municipal court may determine that, for the 558
efficient operation of the court, additional funds are necessary 559
to acquire and pay for special projects of the court including, 560
but not limited to, the acquisition of additional facilities or 561
the rehabilitation of existing facilities, the acquisition of 562
equipment, the hiring and training of staff, community service
programs, mediation or dispute resolution services, the 563
employment of magistrates, THE TRAINING AND EDUCATION OF JUDGES, 564
ACTING JUDGES, AND MAGISTRATES, and other related services. Upon 565
that determination, the court by rule may charge a fee, in 567
addition to all other court costs, on the filing of each criminal 568
cause, civil action or proceeding, or judgment by confession. 569
If the municipal court offers a special program or service 571
in cases of a specific type, the municipal court by rule may 572
assess an additional charge in a case of that type, over and 573
above court costs, to cover the special program or service. The 574
municipal court shall adjust the special assessment periodically, 575
but not retroactively, so that the amount assessed in those cases 576
does not exceed the actual cost of providing the service or 577
program.
All moneys collected under division (B) of this section 580
shall be paid to the county treasurer if the court is a
county-operated municipal court or to the city treasurer if the 581
court is not a county-operated municipal court for deposit into 582
either a general special projects fund or a fund established for 583
a specific special project. Moneys from a fund of that nature 584
shall be disbursed upon an order of the court in an amount no 585
greater than the actual cost to the court of a project. If a 586
specific fund is terminated because of the discontinuance of a
program or service established under division (B) of this 588
section, the municipal court may order that moneys remaining in 589
the fund be transferred to an account established under this 590
division for a similar purpose.
(2) As used in division (B) of this section: 592
14
(a) "Criminal cause" means a charge alleging the violation 594
of a statute or ordinance, or subsection of a statute or 595
ordinance, that requires a separate finding of fact or a separate 596
plea before disposition and of which the defendant may be found 597
guilty, whether filed as part of a multiple charge on a single 598
summons, citation, or complaint or as a separate charge on a
single summons, citation, or complaint. "Criminal cause" does 600
not include separate violations of the same statute or ordinance, 601
or subsection of the same statute or ordinance, unless each 602
charge is filed on a separate summons, citation, or complaint. 603
(b) "Civil action or proceeding" means any civil 605
litigation that must be determined by judgment entry. 606
(C) Prior to January 1, 1993, and on and after January 1, 608
2003, the municipal court shall collect the sum of four dollars 609
as additional filing fees in each new civil action or proceeding 610
for the charitable public purpose of providing financial 611
assistance to legal aid societies that operate within the state. 612
From January 1, 1993, through December 31, 2002, the municipal 613
court shall collect in all its divisions except the small claims 614
division the sum of fifteen dollars as additional filing fees in 615
each new civil action or proceeding for the charitable public 616
purpose of providing financial assistance to legal aid societies 617
that operate within the state. From January 1, 1993, through 618
December 31, 2002, the municipal court shall collect in its small 619
claims division the sum of seven dollars as additional filing 620
fees in each new civil action or proceeding for the charitable 621
public purpose of providing financial assistance to legal aid 622
societies that operate within the state. This division does not 623
apply to any execution on a judgment, proceeding in aid of 624
execution, or other post-judgment proceeding arising out of a 625
civil action. The filing fees required to be collected under 626
this division shall be in addition to any other court costs 627
imposed in the action or proceeding and shall be collected at the 628
time of the filing of the action or proceeding. The court shall 629
15
not waive the payment of the additional filing fees in a new 630
civil action or proceeding unless the court waives the advanced 631
payment of all filing fees in the action or proceeding. All such 632
moneys shall be transmitted on the first business day of each 633
month by the clerk of the court to the treasurer of state. The 634
moneys then shall be deposited by the treasurer of state to the 635
credit of the legal aid fund established under section 120.52 of 636
the Revised Code. 637
The court may retain up to one per cent of the moneys it 639
collects under this division to cover administrative costs, 640
including the hiring of any additional personnel necessary to 641
implement this division. 642
(D) In the Cleveland municipal court, reasonable charges 644
for investigating titles of real estate to be sold or disposed of 645
under any writ or process of the court may be taxed as part of 646
the costs. 647
(C)(E) Under the circumstances described in sections 649
2969.21 to 2969.27 of the Revised Code, the clerk of the 650
municipal court shall charge the fees and perform the other 651
duties specified in those sections.
Sec. 1907.24. (A) Subject to division (C) of this 660
section, a county court shall fix and tax fees and costs as 661
follows:
(1) The county court shall require an advance deposit for 663
the filing of any new civil action or proceeding when required by 664
division (C) of this section and, in all other cases, shall 665
establish a schedule of fees and costs to be taxed in any civil 666
or criminal action or proceeding. 667
(2) The county court by rule may require an advance 669
deposit for the filing of a civil action or proceeding and 670
publication fees as provided in section 2701.09 of the Revised 672
Code. The court may waive an advance deposit requirement upon 673
the presentation of an affidavit or other evidence that
establishes that a party is unable to make the requisite deposit. 674
16
(3) When a party demands a jury trial in a civil action or 676
proceeding, the county court may require the party to make an 677
advance deposit as fixed by rule of court, unless the court 679
concludes, on the basis of an affidavit or other evidence
presented by the party, that the party is unable to make the 680
requisite deposit. If a jury is called, the county court shall 681
tax the fees of a jury as costs. 682
(4) In a civil or criminal action or proceeding, the 684
county court shall fix the fees of witnesses in accordance with 685
sections 2335.06 and 2335.08 of the Revised Code. 686
(5) A county court may tax as part of the costs in a trial 688
of the cause, in an amount fixed by rule of court, a reasonable 689
charge for driving, towing, carting, storing, keeping, and 691
preserving motor vehicles and other personal property recovered
or seized in a proceeding. 692
(6) The court shall preserve chattel property seized under 694
a writ or process issued by the court pending final disposition 695
for the benefit of all interested persons. The court may place 696
the chattel property in storage when necessary or proper for its 697
preservation. The custodian of chattel property so stored shall 698
not be required to part with the possession of the property until 699
a reasonable charge, to be fixed by the court, is paid.
(7) The county court, as it determines, may refund all 701
deposits and advance payments of fees and costs, including those 702
for jurors and summoning jurors, when they have been paid by the 704
losing party.
(8) The court may tax as part of costs charges for the 706
publication of legal notices required by statute or order of 707
court, as provided by section 7.13 of the Revised Code. 708
(B)(1) The county court may determine that, for the 710
efficient operation of the court, additional funds are necessary 711
to acquire and pay for special projects of the court including, 712
but not limited to, the acquisition of additional facilities or 713
the rehabilitation of existing facilities, the acquisition of 714
17
equipment, the hiring and training of staff, community service
programs, mediation or dispute resolution services, the 715
employment of magistrates, THE TRAINING AND EDUCATION OF JUDGES, 716
ACTING JUDGES, AND MAGISTRATES, and other related services. Upon 717
that determination, the court by rule may charge a fee, in 719
addition to all other court costs, on the filing of each criminal 720
cause, civil action or proceeding, or judgment by confession. 721
If the county court offers a special program or service in 723
cases of a specific type, the county court by rule may assess an 724
additional charge in a case of that type, over and above court 725
costs, to cover the special program or service. The county court 726
shall adjust the special assessment periodically, but not 727
retroactively, so that the amount assessed in those cases does
not exceed the actual cost of providing the service or program. 728
All moneys collected under division (B) of this section 731
shall be paid to the county treasurer for deposit into either a 732
general special projects fund or a fund established for a
specific special project. Moneys from a fund of that nature 733
shall be disbursed upon an order of the court in an amount no 734
greater than the actual cost to the court of a project. If a 735
specific fund is terminated because of the discontinuance of a
program or service established under division (B) of this 737
section, the county court may order that moneys remaining in the 738
fund be transferred to an account established under this division 739
for a similar purpose.
(2) As used in division (B) of this section: 741
(a) "Criminal cause" means a charge alleging the violation 743
of a statute or ordinance, or subsection of a statute or 744
ordinance, that requires a separate finding of fact or a separate 745
plea before disposition and of which the defendant may be found 746
guilty, whether filed as part of a multiple charge on a single 748
summons, citation, or complaint or as a separate charge on a
single summons, citation, or complaint. "Criminal cause" does 749
not include separate violations of the same statute or ordinance, 750
18
or subsection of the same statute or ordinance, unless each 751
charge is filed on a separate summons, citation, or complaint. 752
(b) "Civil action or proceeding" means any civil 754
litigation that must be determined by judgment entry. 755
(C) Subject to division (E) of this section, prior to 757
January 1, 1993, and on and after January 1, 2003, the county 759
court shall collect the sum of four dollars as additional filing 760
fees in each new civil action or proceeding for the charitable 761
public purpose of providing financial assistance to legal aid 762
societies that operate within the state. Subject to division (E) 763
of this section, from January 1, 1993, through December 31, 2002, 764
the county court shall collect in all its divisions except the 765
small claims division the sum of fifteen dollars as additional 766
filing fees in each new civil action or proceeding for the 767
charitable public purpose of providing financial assistance to 768
legal aid societies that operate within the state. Subject to 769
division (E) of this section, from January 1, 1993, through 770
December 31, 2002, the county court shall collect in its small 771
claims division the sum of seven dollars as additional filing 772
fees in each new civil action or proceeding for the charitable 773
public purpose of providing financial assistance to legal aid 774
societies that operate within the state. This division does not 775
apply to any execution on a judgment, proceeding in aid of 776
execution, or other post-judgment proceeding arising out of a 777
civil action. The filing fees required to be collected under 778
this division shall be in addition to any other court costs 779
imposed in the action or proceeding and shall be collected at the 780
time of the filing of the action or proceeding. The court shall 781
not waive the payment of the additional filing fees in a new 782
civil action or proceeding unless the court waives the advanced 783
payment of all filing fees in the action or proceeding. All such 784
moneys collected during a month shall be transmitted on or before 786
the twentieth day of the following month by the clerk of the 788
court to the treasurer of state. The moneys then shall be 789
19
deposited by the treasurer of state to the credit of the legal 790
aid fund established under section 120.52 of the Revised Code. 791
The court may retain up to one per cent of the moneys it 793
collects under this division to cover administrative costs, 794
including the hiring of any additional personnel necessary to 795
implement this division. 796
(D) The county court shall establish by rule a schedule of 798
fees for miscellaneous services performed by the county court or 799
any of its judges in accordance with law. If judges of the court 800
of common pleas perform similar services, the fees prescribed in 801
the schedule shall not exceed the fees for those services 802
prescribed by the court of common pleas.
(E) Under the circumstances described in sections 2969.21 804
to 2969.27 of the Revised Code, the clerk of the county court 805
shall charge the fees and perform the other duties specified in 806
those sections.
Sec. 1925.02. (A)(1) Except as provided in division 815
(A)(2) of this section, a small claims division established under 816
section 1925.01 of the Revised Code has jurisdiction in civil 817
actions for the recovery of taxes and money only, for amounts not 818
exceeding three thousand dollars, exclusive of interest and 820
costs.
(2)(a) A small claims division does not have jurisdiction 822
in any of the following: 823
(i) Libel, slander, replevin, malicious prosecution, and 825
abuse of process actions; 826
(ii) Actions on any claim brought by an assignee or agent, 828
except a claim to recover taxes that is filed by any authorized 829
employee of a political subdivision or any authorized officer or 830
employee of the state, as defined in division (C) of section 831
1925.08 of the Revised Code, or a claim filed by a person 832
designated under section 1925.18 of the Revised Code to act as 833
the representative of a prosecuting attorney; 834
(iii) Actions for the recovery of punitive or exemplary 836
20
damages. 837
(b) Division (A)(2)(a) of this section does not exclude 839
actions for the recovery of damages specifically authorized by 840
division (B) of either section 1345.09 or 1345.48 of the Revised 841
Code from the jurisdiction of a small claims division. 842
(3) The territorial jurisdiction and venue of a small 844
claims division are concurrent with that of the respective court 845
under its procedures in ordinary civil actions. Jurisdiction 846
over the person of a defendant may not be obtained by any form of 847
published or substituted service or warrant of attorney. 848
(B) A counterclaim or cross-claim of three thousand 850
dollars or less does not affect the jurisdiction of a small 851
claims division. If a counterclaim or cross-claim exceeds three 852
thousand dollars and if the case is transferred to the regular 853
docket of the court, the court, if it finds that the counterclaim 854
or cross-claim was without substantial grounds, may award 855
reasonable attorney's fees by special order to the party against 856
whom the counterclaim or cross-claim is instituted, if that party 857
prevails in the action on that claim.
(C) Any person who files a counterclaim or cross-claim 859
shall file it with the small claims division and serve it on all 860
other parties at least seven days prior to the date of the trial 861
of the plaintiff's claim in the original action. 862
(D) AS USED IN THIS SECTION: 864
(1) "PERSON" HAS THE SAME MEANING AS IN DIVISION (C) OF 866
SECTION 1.59 OF THE REVISED CODE AND ALSO INCLUDES GOVERNMENTAL 867
ENTITIES.
(2) "POLITICAL SUBDIVISION" AND "EMPLOYEE" OF A POLITICAL 869
SUBDIVISION HAVE THE SAME MEANINGS AS IN SECTION 2744.01 OF THE 870
REVISED CODE.
(3) "STATE" HAS THE SAME MEANING AS IN SECTION 109.36 OF 872
THE REVISED CODE.
(4) "OFFICER OR EMPLOYEE OF THE STATE" MEANS ANY PERSON 874
WHO IS SERVING IN AN ELECTED OR APPOINTED OFFICE OR POSITION WITH 875
21
THE STATE OR IS EMPLOYED BY THE STATE. "OFFICER OR EMPLOYEE OF 876
THE STATE" DOES NOT INCLUDE ANY PERSON ELECTED, APPOINTED, OR 877
EMPLOYED BY ANY POLITICAL SUBDIVISION. 878
Sec. 1925.04. (A) An action is commenced in the small 887
claims division when the plaintiff, or the plaintiff's attorney, 889
states the amount and nature of the plaintiff's claim to the
court as provided in this section. The commencement constitutes 891
a waiver of any right of the plaintiff to trial by jury upon such 892
action. At the time of the commencement of an action, the 893
plaintiff, or the plaintiff's attorney, shall pay both of the 895
following:
(1) A filing fee as determined by the court, not to exceed 897
one-half of the filing fee charged at the commencement of a civil 898
action in the general division of that court; and 899
(2) The sum required by division (C) of section 1901.26 or 902
division (C) of section 1907.24 of the Revised Code.
(B) The plaintiff, or the plaintiff's attorney, shall 904
state to the administrative assistant or other official 906
designated by the court, the plaintiff's and the defendant's 907
place of residence, the military status of the defendant, and the 908
nature and amount of the plaintiff's claim. The claim shall be 909
reduced to writing in concise, nontechnical form. Such writing 911
shall be signed by the plaintiff, or the plaintiff's attorney, 912
under oath.
A memorandum of the time and place set for trial shall be 914
given to the person signing the writing. The time set for such 915
trial shall be not less than fifteen or more than forty days 916
after the commencement of the action. 917
If taxes are sought to be recovered in the action, an 919
authorized employee of a political subdivision or an authorized 920
officer or employee of the state, as defined in division (C) of 921
section 1925.08 1925.02 of the Revised Code, may commence the 922
action. If an action is brought on behalf of a county department 923
of human services, a representative of the prosecuting attorney 924
22
of the county, designated under section 1925.18 of the Revised 925
Code, may commence the action. 926
Sec. 1925.13. (A) The court, in its discretion, may order 935
that the judgment, interest, and costs be paid at a certain date 936
or by specified weekly installments, and, during compliance with 937
the order, the court may stay the issue of execution and other 938
proceedings in aid of execution. The stay COURT may be modified 940
MODIFY or vacated VACATE THE STAY at any time. 941
Except as otherwise provided in this section, a judgment 943
creditor may avail himself of COMMENCE any proceedings to obtain 944
satisfaction of the judgment, including execution and garnishment 945
proceedings, that are permitted to obtain satisfaction of a 946
judgment rendered in an ordinary civil action. In the case of an 947
action commenced by a county department of human services 948
employee designated under section 1925.18 of the Revised Code to 949
represent the prosecuting attorney of the county in commencement 950
of the action, the county department of human services is the 951
judgment creditor. 952
If an authorized employee of a political subdivision or an 954
authorized officer or employee of the state, as defined in 955
division (C) of section 1925.08 1925.02 of the Revised Code, 957
prevails in an action to recover taxes, the authorized person may 958
use any means provided by law to obtain satisfaction of the 959
judgment, including the provisions of division (B) of this 960
section.
If a party is not represented by counsel, the court, upon 962
payment of court costs, shall explain to the parties and assist 963
the parties in the preparation and filing of, and supply the 964
parties with any necessary forms for, proceedings in aid of 965
execution to collect and enforce judgments. 966
(B) If, within thirty days after judgment, the judgment is 968
not satisfied and the parties have not otherwise agreed, the 969
court, upon the request of the judgment creditor, shall order the 970
judgment debtor to file, on a form prepared by the court, a list 971
23
of his THE JUDGMENT DEBTOR'S assets, liabilities, and personal 972
earnings. The form shall contain a notice that failure to 974
complete the form and return it to the court within one week 975
after receipt may result in a citation for contempt of court. 976
Any party who, with notice of the possible contempt citation, 977
willfully fails to comply with the order of the court, may be 978
cited for contempt of court, as provided in Chapter 2705. of the 979
Revised Code.
Sec. 2303.201. (A)(1) The court of common pleas of any 988
county may determine that for the efficient operation of the 989
court additional funds are required to computerize the court, to 990
make available computerized legal research services, or to do 991
both. Upon making a determination that additional funds are 992
required for either or both of those purposes, the court shall 993
authorize and direct the clerk of the court of common pleas to 994
charge one additional fee, not to exceed three dollars, on the 995
filing of each cause of action or appeal under divisions (A), 996
(Q), and (U) of section 2303.20 of the Revised Code. 997
(2) All fees collected under division (A)(1) of this 999
section shall be paid to the county treasurer. The treasurer 1,000
shall place the funds from the fees in a separate fund to be 1,001
disbursed, upon an order of the court, in an amount not greater 1,002
than the actual cost to the court of procuring and maintaining 1,003
computerization of the court, computerized legal research 1,004
services, or both. 1,005
(3) If the court determines that the funds in the fund 1,007
described in division (A)(2) of this section are more than 1,008
sufficient to satisfy the purpose for which the additional fee 1,009
described in division (A)(1) of this section was imposed, the 1,010
court may declare a surplus in the fund and expend those surplus 1,011
funds for other appropriate technological expenses of the court. 1,012
(B)(1) The court of common pleas of any county may 1,014
determine that, for the efficient operation of the court, 1,015
additional funds are required to computerize the office of the 1,016
24
clerk of the court of common pleas and, upon that determination, 1,017
authorize and direct the clerk of the court of common pleas to 1,018
charge an additional fee, not to exceed ten dollars, on the 1,019
filing of each cause of action or appeal, on the filing, 1,020
docketing, and endorsing of each certificate of judgment, or on 1,021
the docketing and indexing of each aid in execution or petition 1,022
to vacate, revive, or modify a judgment under divisions (A), (P), 1,023
(Q), (T), and (U) of section 2303.20 of the Revised Code. Subject 1,025
to division (B)(2) of this section, all moneys collected under 1,026
division (B)(1) of this section shall be paid to the county
treasurer to be disbursed, upon an order of the court of common 1,027
pleas and subject to appropriation by the board of county 1,028
commissioners, in an amount no greater than the actual cost to 1,029
the court of procuring and maintaining computer systems for the 1,030
office of the clerk of the court of common pleas. 1,031
(2) If the court of common pleas of a county makes the 1,033
determination described in division (B)(1) of this section, the 1,034
board of county commissioners of that county may issue one or 1,035
more general obligation bonds for the purpose of procuring and 1,036
maintaining the computer systems for the office of the clerk of 1,037
the court of common pleas. In addition to the purposes stated in 1,038
division (B)(1) of this section for which the moneys collected 1,039
under that division may be expended, the moneys additionally may 1,040
be expended to pay debt charges on and financing costs related to 1,041
any general obligation bonds issued pursuant to division (B)(2) 1,042
of this section as they become due. General obligation bonds 1,043
issued pursuant to division (B)(2) of this section are Chapter 1,044
133. securities. 1,045
(C) Prior to January 1, 1993, and on and after January 1, 1,047
2003, the court of common pleas shall collect the sum of four 1,049
dollars as additional filing fees in each new civil action or 1,050
proceeding for the charitable public purpose of providing 1,051
financial assistance to legal aid societies that operate within 1,052
the state. From January 1, 1993, through December 31, 2002, the 1,054
25
court of common pleas shall collect the sum of fifteen dollars as 1,055
additional filing fees in each new civil action or proceeding for 1,056
the charitable public purpose of providing financial assistance 1,057
to legal aid societies that operate within the state. This 1,058
division does not apply to proceedings concerning annulments, 1,059
dissolutions of marriage, divorces, legal separation, spousal 1,060
support, marital property or separate property distribution, 1,061
support, or other domestic relations matters; to a juvenile 1,062
division of a court of common pleas; to a probate division of a 1,063
court of common pleas, except that the additional filing fees 1,064
shall apply to name change, guardianship, and adoption 1,065
proceedings; or to an execution on a judgment, proceeding in aid 1,066
of execution, or other post-judgment proceeding arising out of a 1,067
civil action. The filing fees required to be collected under 1,068
this division shall be in addition to any other filing fees 1,069
imposed in the action or proceeding and shall be collected at the 1,070
time of the filing of the action or proceeding. The court shall 1,071
not waive the payment of the additional filing fees in a new 1,072
civil action or proceeding unless the court waives the advanced 1,073
payment of all filing fees in the action or proceeding. All such 1,074
moneys collected during a month shall be transmitted on or before 1,075
the twentieth day of the following month by the clerk of the 1,076
court to the treasurer of state. The moneys then shall be 1,078
deposited by the treasurer of state to the credit of the legal 1,079
aid fund established under section 120.52 of the Revised Code. 1,080
The court may retain up to one per cent of the moneys it 1,082
collects under this division to cover administrative costs, 1,083
including the hiring of any additional personnel necessary to 1,084
implement this division. 1,085
(D) On and after the thirtieth day after December 9, 1994, 1,087
the court of common pleas shall collect the sum of thirty-two 1,089
dollars as additional filing fees in each new action or 1,090
proceeding for annulment, divorce, or dissolution of marriage for 1,091
the purpose of funding shelters for victims of domestic violence 1,092
26
pursuant to sections 3113.35 to 3113.39 of the Revised Code. The 1,093
filing fees required to be collected under this division shall be 1,094
in addition to any other filing fees imposed in the action or 1,095
proceeding and shall be collected at the time of the filing of 1,096
the action or proceeding. The court shall not waive the payment 1,097
of the additional filing fees in a new action or proceeding for 1,098
annulment, divorce, or dissolution of marriage unless the court 1,099
waives the advanced payment of all filing fees in the action or 1,100
proceeding. On or before the twentieth day of each month, all 1,101
moneys collected during the immediately preceding month pursuant 1,102
to this division shall be deposited by the clerk of the court 1,104
into the county treasury in the special fund used for deposit of 1,105
additional marriage license fees as described in section 3113.34 1,106
of the Revised Code. Upon their deposit into the fund, the 1,107
moneys shall be retained in the fund and expended only as 1,108
described in section 3113.34 of the Revised Code. 1,109
(E)(1) THE COURT OF COMMON PLEAS MAY DETERMINE THAT, FOR 1,111
THE EFFICIENT OPERATION OF THE COURT, ADDITIONAL FUNDS ARE 1,112
NECESSARY TO ACQUIRE AND PAY FOR SPECIAL PROJECTS OF THE COURT, 1,113
INCLUDING, BUT NOT LIMITED TO, THE ACQUISITION OF ADDITIONAL 1,114
FACILITIES OR THE REHABILITATION OF EXISTING FACILITIES, THE 1,115
ACQUISITION OF EQUIPMENT, THE HIRING AND TRAINING OF STAFF,
COMMUNITY SERVICE PROGRAMS, MEDIATION OR DISPUTE RESOLUTION 1,116
SERVICES, THE EMPLOYMENT OF MAGISTRATES, THE TRAINING AND 1,117
EDUCATION OF JUDGES, ACTING JUDGES, AND MAGISTRATES, AND OTHER 1,118
RELATED SERVICES. UPON THAT DETERMINATION, THE COURT BY RULE MAY 1,119
CHARGE A FEE, IN ADDITION TO ALL OTHER COURT COSTS, ON THE FILING 1,120
OF EACH CRIMINAL CAUSE, CIVIL ACTION OR PROCEEDING, OR JUDGMENT
BY CONFESSION. 1,121
IF THE COURT OF COMMON PLEAS OFFERS A SPECIAL PROGRAM OR 1,123
SERVICE IN CASES OF A SPECIFIC TYPE, THE COURT BY RULE MAY ASSESS 1,124
AN ADDITIONAL CHARGE IN A CASE OF THAT TYPE, OVER AND ABOVE COURT 1,125
COSTS, TO COVER THE SPECIAL PROGRAM OR SERVICE. THE COURT SHALL 1,126
ADJUST THE SPECIAL ASSESSMENT PERIODICALLY, BUT NOT
27
RETROACTIVELY, SO THAT THE AMOUNT ASSESSED IN THOSE CASES DOES 1,127
NOT EXCEED THE ACTUAL COST OF PROVIDING THE SERVICE OR PROGRAM. 1,128
ALL MONEYS COLLECTED UNDER DIVISION (E) OF THIS SECTION 1,130
SHALL BE PAID TO THE COUNTY TREASURER FOR DEPOSIT INTO EITHER A 1,131
GENERAL SPECIAL PROJECTS FUND OR A FUND ESTABLISHED FOR A 1,132
SPECIFIC SPECIAL PROJECT. MONEYS FROM A FUND OF THAT NATURE 1,133
SHALL BE DISBURSED UPON AN ORDER OF THE COURT IN AN AMOUNT NO 1,134
GREATER THAN THE ACTUAL COST TO THE COURT OF A PROJECT. IF A
SPECIFIC FUND IS TERMINATED BECAUSE OF THE DISCONTINUANCE OF A 1,135
PROGRAM OR SERVICE ESTABLISHED UNDER DIVISION (E) OF THIS 1,136
SECTION, THE COURT MAY ORDER THAT MONEYS REMAINING IN THE FUND BE 1,137
TRANSFERRED TO AN ACCOUNT ESTABLISHED UNDER THIS DIVISION FOR A 1,138
SIMILAR PURPOSE.
(2) AS USED IN DIVISION (E) OF THIS SECTION: 1,140
(a) "CRIMINAL CAUSE" MEANS A CHARGE ALLEGING THE VIOLATION 1,142
OF A STATUTE OR ORDINANCE, OR SUBSECTION OF A STATUTE OR 1,143
ORDINANCE, THAT REQUIRES A SEPARATE FINDING OF FACT OR A SEPARATE 1,144
PLEA BEFORE DISPOSITION AND OF WHICH THE DEFENDANT MAY BE FOUND 1,145
GUILTY, WHETHER FILED AS PART OF A MULTIPLE CHARGE ON A SINGLE 1,146
SUMMONS, CITATION, OR COMPLAINT OR AS A SEPARATE CHARGE ON A
SINGLE SUMMONS, CITATION, OR COMPLAINT. "CRIMINAL CAUSE" DOES 1,147
NOT INCLUDE SEPARATE VIOLATIONS OF THE SAME STATUTE OR ORDINANCE, 1,148
OR SUBSECTION OF THE SAME STATUTE OR ORDINANCE, UNLESS EACH 1,149
CHARGE IS FILED ON A SEPARATE SUMMONS, CITATION, OR COMPLAINT. 1,150
(b) "CIVIL ACTION OR PROCEEDING" MEANS ANY CIVIL 1,152
LITIGATION THAT MUST BE DETERMINED BY JUDGMENT ENTRY. 1,153
Sec. 2501.16. (A) Each court of appeals may appoint one 1,162
or more official shorthand reporters, law clerks, secretaries, 1,163
and any other employees that the court considers necessary for 1,164
its efficient operation. 1,165
The clerk of the court of common pleas, acting as the clerk 1,167
of the court of appeals for his THE county, shall perform the 1,168
duties otherwise performed and collect the fees otherwise 1,170
collected by the clerk of the court of common pleas, as set forth 1,171
28
in section 2303.03 of the Revised Code, and shall maintain the 1,172
files and records of the court. The overhead expenses pertaining 1,173
to the office of the clerk of the court of common pleas that 1,174
result from his THE CLERK'S acting as clerk of the court of 1,175
appeals for his THE county, other than wages and salaries, shall 1,177
be paid from the funds provided under sections 2501.18 and 1,178
2501.181 of the Revised Code.
Each officer and employee appointed pursuant to this 1,180
section shall take an oath of office, serve at the pleasure of 1,181
the court, and perform any duties that the court directs. Each 1,182
shorthand reporter shall have the powers that are vested in 1,183
official shorthand reporters of the court of common pleas under 1,184
sections 2301.18 to 2301.26 of the Revised Code. Whenever an 1,185
opinion, per curiam, or report of a case has been prepared in 1,186
accordance with section 2503.20 of the Revised Code, the official 1,187
shorthand reporter immediately shall forward one copy of the 1,188
opinion, per curiam, or report to the reporter of the supreme 1,189
court, without expense to the reporter. 1,190
(B) THE COURT OF APPEALS MAY DETERMINE THAT, FOR THE 1,192
EFFICIENT OPERATION OF THE COURT, ADDITIONAL FUNDS ARE NECESSARY 1,193
TO ACQUIRE AND PAY FOR SPECIAL PROJECTS OF THE COURT, INCLUDING, 1,194
BUT NOT LIMITED TO, THE ACQUISITION OF ADDITIONAL FACILITIES OR 1,195
THE REHABILITATION OF EXISTING FACILITIES, THE ACQUISITION OF 1,196
EQUIPMENT, THE HIRING AND TRAINING OF STAFF, THE EMPLOYMENT OF
MAGISTRATES, THE TRAINING AND EDUCATION OF JUDGES, ACTING JUDGES, 1,198
AND MAGISTRATES, COMMUNITY SERVICE PROGRAMS, AND OTHER RELATED 1,200
SERVICES. UPON THAT DETERMINATION, THE COURT BY RULE MAY CHARGE
A FEE, IN ADDITION TO ALL OTHER COURT COSTS, ON THE FILING OF 1,201
EACH CASE OR CAUSE OVER WHICH THE COURT HAS JURISDICTION. 1,202
IF THE COURT OF APPEALS OFFERS A SPECIAL PROGRAM OR SERVICE 1,204
IN CASES OF A SPECIFIC TYPE, THE COURT BY RULE MAY ASSESS AN 1,205
ADDITIONAL CHARGE IN A CASE OF THAT TYPE, OVER AND ABOVE COURT 1,206
COSTS, TO COVER THE SPECIAL PROGRAM OR SERVICE. THE COURT SHALL 1,207
ADJUST THE SPECIAL ASSESSMENT PERIODICALLY, BUT NOT
29
RETROACTIVELY, SO THAT THE AMOUNT ASSESSED IN THOSE CASES DOES 1,208
NOT EXCEED THE ACTUAL COST OF PROVIDING THE SERVICE OR PROGRAM. 1,209
ALL MONEYS COLLECTED UNDER DIVISION (B) OF THIS SECTION 1,211
SHALL BE PAID TO THE COUNTY TREASURER OF THE COUNTY SELECTED AS 1,212
THE PRINCIPAL SEAT OF THAT COURT OF APPEALS FOR DEPOSIT INTO 1,213
EITHER A GENERAL SPECIAL PROJECTS FUND OR A FUND ESTABLISHED FOR 1,214
A SPECIFIC SPECIAL PROJECT. MONEYS FROM A FUND OF THAT NATURE 1,215
SHALL BE DISBURSED UPON AN ORDER OF THE COURT IN AN AMOUNT NO
GREATER THAN THE ACTUAL COST TO THE COURT OF A PROJECT. IF A 1,216
SPECIFIC FUND IS TERMINATED BECAUSE OF THE DISCONTINUANCE OF A 1,217
PROGRAM OR SERVICE ESTABLISHED UNDER DIVISION (B) OF THIS 1,218
SECTION, THE COURT MAY ORDER THAT MONEYS REMAINING IN THE FUND BE 1,219
TRANSFERRED TO AN ACCOUNT ESTABLISHED UNDER THIS DIVISION FOR A 1,220
SIMILAR PURPOSE.
Section 2. That existing sections 1901.08, 1901.26, 1,222
1907.24, 1925.02, 1925.04, 1925.13, 2303.201, and 2501.16 and 1,224
section 1925.08 of the Revised Code are hereby repealed. 1,225
Section 3. Section 1901.26 of the Revised Code is 1,227
presented in this act as a composite of the section as amended by 1,228
Sub. H.B. 423, Am. Sub. H.B. 438, and Sub. H.B. 455 of the 121st 1,229
General Assembly, with the new language of none of the acts shown 1,230
in capital letters. This is in recognition of the principle 1,231
stated in division (B) of section 1.52 of the Revised Code that 1,232
such amendments are to be harmonized where not substantively 1,233
irreconcilable and constitutes a legislative finding that such is 1,234
the resulting version in effect prior to the effective date of 1,235
this act.