Rule 3.1 - Costs deposits in appeals and original actions(A) Appeal. At the time of filing a notice of appeal in the trial court, the appellant or crossappellant shall deposit with the clerk of courts the sum of $125 as security for the payment of costs that may accrue in the court of appeals. The clerk of the trial court shall forward the deposit to the clerk of the court of appeals with the copy of the notice of appeal and other papers as required by Loc.R. 3(C).(B) Original Actions. At the time of filing a complaint in an original action (habeas, corpus, mandamus, prohibition, procedendo, or quo warranto), the relator shall deposit with the clerk of the court of appeals the sum of $125 as security for the payment of costs that may accrue in the action. 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) Actions Brought by Indigents. 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 do one of the following: (1) file a motion to waive the payment of the deposit and an affidavit of indigency that contains financial information to support the party's claim that the party is unable to make the deposit. The party must use the financial disclosure form/affidavit of indigency approved by the Ohio Public Defender's Office. If the form/affidavit is filed 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. The court's grant of a waiver of the deposit does not waive the liability to pay the court costs as ordered by the court at the termination of the appeal or original action.(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 the court at the termination of the appeal or original action.(D) Failure to Pay Deposit. If the party bringing the appeal or original action, or the party seeking the attendance of a witness, files with the clerk a sworn affidavit of inability to secure costs by prepayment, the clerk shall receive and file the appeal, complaint, or subpoena the witnesses without security deposits. After notice to all of the parties, the court may dismiss the case at any time if the deposit is not paid or a waiver of the payment of the deposit pursuant to subsection (C) has not been obtained.Adopted eff. 7/1/1998; amended eff. 1/1/2004; amended eff. 1/1/2022.