(A) Original Actions. No complaint in an original action (mandamus, prohibition, procedendo, quo warranto, or except where prohibited by R.C. 2725.28 or other law, habeas corpus) shall be accepted for filing in this Court of Appeals unless the party bringing the action shall first have deposited with the Clerk of the Court of Appeals of the county in which the action is to be brought the sum of eighty-five dollars ($85) as security for the payment of the costs that may accrue in the action. Subpoenas shall not issue for witnesses in actions in habeas corpus unless an additional deposit of ten dollars ($10) per witness is deposited as security for costs with the Clerk of the Court of Appeals of the county in which the action is brought together with the praecipe for subpoena.
(B) Appeals. Within ten days after filing the notice of appeal or cross-appeal, appellants or cross-appellants shall comply with section (C) of this rule or shall deposit with the Clerk of the Court of Appeals of the county in which the appeal is filed the sum of ninety dollars ($90) as security for the payment of costs that may accrue in the appeal. Any personal check given for deposit shall be made payable to the "Clerk of the Court of Appeals." This deposit for costs may be made with the clerk of the trial court when the notice of appeal is filed in that court, and any deposit so made shall be forwarded by that clerk to the Clerk of the Court of Appeals along with the copy of the notice of appeal and other papers required by App.R. 3(D).
Failure to make this deposit for costs shall not prevent the filing of a notice of appeal in the trial court.
Failure to make this deposit for costs within ten days of the filing of the notice of appeal is failure to prosecute the appeal for which the appeal may be dismissed pursuant to App.R. 3(A).
(C) Actions Brought by Indigents. If the party bringing an original action, bringing an appeal, or seeking the attendance of witnesses files with the Clerk of the Court of Appeals evidence of indigency (a financial disclosure form establishing indigency or evidence the trial court determined the appellant was indigent for purposes of appeal, such as a copy of the entry of appointment), then the requirements of Sections (A) and (B) of this rule shall not be effective. Evidence of indigency must be filed for each and every notice of appeal and original action. The party asserting to be indigent is under a continuing duty to notify this Court if the party becomes financially able to secure and pay costs of the action. The Court will impose costs pursuant to App.R. 24 at the conclusion of the case, even if the prepayment of the deposit is waived pursuant to this Rule.Former Rule 2 adopted effective 5/1/1981; amended effective 9/1/1981; 7/1/1983; 1/1/1993; 8/30/1995; amended and renumbered as Rule 1 effective 5/1/1997; amended effective 1/1/2008; amended effective 1/1/2015; amended effective 1/1/2019 .