2503.17 Filing fees.

(A) Except as provided in division (B) and subject to division (C) of this section, the clerk of the supreme court shall charge and collect forty dollars, as a filing fee, for each case entered upon the minute book, including, but not limited to, original actions in the court, appeals filed as of right, and cases certified by the courts of appeals for review on the ground of conflict of decisions; and for each motion to certify the record of a court of appeals or for leave to file a notice of appeal in criminal cases. The filing fees so charged and collected shall be in full for docketing the cases or motions, making dockets from term to term, indexing and entering appearances, issuing process, filing papers, entering rules, motions, orders, continuances, decrees, and judgments, making lists of causes on the regular docket for publication each year, making and certifying orders, decrees, and judgments of the court to other tribunals, and the issuing of mandates. Except as provided in division (B) of this section, the party invoking the action of the court shall pay the filing fee to the clerk before the case or motion is docketed, and it shall be taxed as costs and recovered from the other party if the party invoking the action of the court succeeds, unless the court otherwise directs.

(B)(1) As used in this division, “prosecutor” has the same meaning as in section 2935.01 of the Revised Code.

(2) The clerk of the supreme court shall not charge to and collect from a prosecutor the forty-dollar filing fee prescribed by division (A) of this section when all of the following circumstances apply:

(a) In accordance with the Rules of Practice of the Supreme Court of Ohio, an indigent defendant in a criminal action or proceeding files in the appropriate court of appeals a notice of appeal within thirty days from the date of the entry of the judgment or final order that is the subject of the appeal.

(b) The indigent defendant fails to file or offer for filing in the supreme court within thirty days from the date of the filing of the notice of appeal in the court of appeals, a copy of the notice of appeal supported by a memorandum in support of jurisdiction and other documentation and information as required by the Rules of Practice of the Supreme Court of Ohio.

(c) The prosecutor or a representative of the prosecutor associated with the criminal action or proceeding files a motion to docket and dismiss the appeal of the indigent defendant for lack of prosecution as authorized by the Rules of Practice of the Supreme Court of Ohio.

(d) The prosecutor states in the motion that the forty-dollar filing fee does not accompany the motion because of the applicability of this division, and the clerk of the supreme court determines that this division applies.

Effective Date: 06-28-2002