Ohio Loc. App. R. 2

As amended through October 29, 2024
Rule 2 - COST DEPOSIT
(A)Appeals. After the initial filing, no notice of appeal or cross-appeal shall be permitted to proceed in the court unless the party bringing the appeal or crossappeal first deposits with the clerk of the trial court a deposit in the sum of $225 as security for payment of costs, except where the party who proffers the filing makes and files with the clerk a sworn affidavit of inability to secure costs by such prepayment or produces evidence that the trial court determined that the appellant is indigent for purposes of appeal. In the event the affidavit is filed by an inmate of a state institution, it shall be accompanied by a certificate by the warden or other appropriate officer of the institution setting forth the amount of funds, if any, that the inmate has on deposit with the institution available to the inmate to secure costs. No security shall be required on appeals by the state or any of its subdivisions. R.C. 109.19.

The deposit for costs shall be forwarded upon receipt by the clerk of the trial court to the clerk of the court of appeals along with a copy of the notice of appeal, a copy of the entry or order appealed from, a copy of the listing of docket and journal entries and a copy of the docket statement required by Loc.R. 4. Any personal check given for the deposit amount shall be made payable to the clerk of the court of appeals. The deposit for costs shall be in addition to any other fees or deposits required by law, including the lawful fees of the clerk of the trial court prescribed by R.C. 2303.20 and 2303.31. The deposit for costs shall be applied by the clerk of the court of appeals to the costs, if any, assessed against the respective appellant(s) or cross-appellant(s) during the appeal, as deter mined by this court, and any balance remaining shall be returned by the clerk to the depositor.

(B)Original Actions. No complaint in an original action (mandamus, prohibition, procedendo, or quo warranto, and except where prohibited by law, habeas corpus) shall be permitted to proceed in the court of appeals unless the party bringing the action shall have first deposited with the clerk the sum of $225 as security for payment of the costs that may accrue in the action. The deposit for costs shall be in addition to any other fees or depositsrequiredbylaw. A subpoena shall not be issued for any witness in an action unless an additional deposit in the amount of $30 as security for costs is deposited with the clerk together with a praecipe for subpoena. A $30 deposit and praecipe shall be submitted for each subpoena to be issued. If the party bringing the action or the party seeking the attendance of witnesses makes and files with the clerk a sworn affidavit of in ability to secure costs by such prepayment, the clerk shall receive and file the complaint and subpoena witnesses without such deposits, subject to the approval of the court of appeals. In the event the affidavit is filed by an inmate of a state institution, it shall be accompanied by a certificate by the warden or other appropriate officer of the institution setting forth the amount of funds, if any, that the inmate has on deposit with the institution available to the inmate to secure costs.

Ohio. Loc. App. R. 2

Amended effective 2/3/2023.