As amended through October 29, 2024
(A)In Original Actions. No complaint in non-criminal habeas corpus, mandamus, prohibition, procedendo, or quo warranto may be accepted for filing in this court unless the party bringing the action deposits with the clerk of the sum of $100.00 as security for the payment of the costs that may accrue in the action. A security deposit is not required in a criminal habeas corpus in accordance with R.C. 2725.28. Security for costs, and the taxing of costs and fees in a habeas corpus action are governed by R.C. 2725.28. Except in criminal habeas corpus actions, subpoenas may not issue for witnesses unless an additional deposit in the amount of $10.00 per subpoena as security for costs is deposited with the clerk together with the praecipe(s) for subpoena. If the party bringing the action or the party seeking the attendance of witnesses files with the clerk his sworn Financial Disclosure/Affidavit of Indigency, the clerk shall file the complaint and subpoena the witnesses without the deposits. The party must use the Financial Disclosure/Affidavit of Indigency approved by the Ohio Public Defender's Office and can be found on the Ohio Public Defender's website, and must be filed with current financial information for each original action. Except in a criminal habeas corpus action, if the Financial Disclosure/Affidavit of Indigency is filed by an inmate of a state institution it shall be accompanied, as an exhibit thereto, by a certificate of the superintendent or other appropriate officer of the institution stating the amount of funds, if any, which the inmate has on deposit with the institution available to the inmate to secure costs. If the certificate demonstrates that the inmate has sufficient funds available to him to secure costs the clerk shall not file the complaint until the costs are secured.(B)In Appeals. At the time of filing a notice of appeal or cross-appeal, the appellant/cross-appellant shall either deposit with the clerk of the trial court the sum of $150.00 as security for payment of costs, submit a sworn Financial Disclosure/Affidavitof Indigency, or produce evidence that the trial court determined that the party was indigent for purposes of appeal. The party must use the Financial Disclosure/Affidavit of Indigency approved by the Ohio Public Defender's Office and can be found on the Ohio Public Defender's website, and must be filed with current financial information for each appeal. No security deposit is required in appeals by the state or any of its subdivisions. R.C. 109.19. The deposit for costs, Financial Disclosure/Affidavit of Indigency, or trial court determination of indigency shall be forwarded immediately upon receipt (and in no event later than the next business day) by the trial court clerk to the court of appeals clerk. Any personal check given for the security deposit shall be made payable to the court of appeals clerk. The deposit for costs shall be in addition to any other fees or deposits required by law, including the lawful fees of the trial court clerk prescribed by R.C. 2303.20 and 2303.31. Failure to comply with this rule shall be grounds for dismissal of the appeal.Effective 1/1/1980; amended, effective 10/1/1987; 7/1/1992; 6/30/1994; 7/1/1995; 7/1/1996; 1/1/1998; 7/1/2006; 10/1/2018.