(A) In original actions. No complaint in an original action (mandamus, prohibition, procedendo, quo warranto or habeas corpus) may be accepted for filing in this Court unless the party bringing the action shall have first deposited with the clerk of this Court the sum of $150.00 as security for the payment of the costs that may accrue in the action and subpoenas may not issue for witnesses in actions in habeas corpus unless an additional deposit in the amount of $20.00 as security for costs shall be deposited with the clerk together with the praecipe for subpoena. Provided, however, that if the party bringing the action or the party seeking the attendance of witnesses makes and files with the clerk his sworn affidavit of inability to secure costs by such prepayment, the clerk shall, as appropriate, receive and file the complaint and subpoena the witnesses without such deposits. In the event the affidavit 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 setting forth the amount of funds, if any, which the inmate may have 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 thus secured.(B) In appeals. A notice of appeal or cross-appeal shall be accompanied by a deposit with the clerk of the trial court of the sum of $150.00 as security for the payment of the costs that may be assessed on the appeal. However, if the appellants or cross-appellants make and file with the clerk their sworn affidavit of inability to secure costs for such prepayment, the clerk shall receive and file the notice of appeal without such deposit. The deposit shall be applied by the clerk of the trial court to the costs, if any, assessed against the respective appellants or cross-appellants during the appeal, as determined by this Court, and any balance remaining shall be returned by the clerk of the trial court to the depositor. Failure to make this deposit (or affidavit of inability) for costs shall not prevent the filing of a notice of appeal in the trial court but may be cause for appropriate action by the court pursuant to Local Rule 15(A).
(C) Exceptions. No undertaking, security or sworn affidavit of inability to secure costs is required on behalf of the state or an officer thereof. R.C. 109.19. This exception shall also be considered applicable to prosecuting attorneys and directors of law when acting on behalf of the State of Ohio, their respective counties or municipalities. Amended effective 10/8/1982; 7/1/1984; 7/1/1986; 7/1/1988; 7/1/1990; 5/1/1993; 6/19/2000.