In all actions in which the plaintiff is a nonresident of the county in which the action is brought, a partnership suing by its company name, an insolvent corporation, or any party required to furnish security under section 2323.31 of the Revised Code, the plaintiff shall deposit cash or furnish security for costs. The surety must be a resident of the county and approved by the clerk. The obligation of the surety shall be complete by indorsing the summons or signing the surety's name on the petition as surety for costs. The surety shall be bound for the payment of the costs which are adjudged against the plaintiff in the court in which the action is brought, or in any other court to which it is carried, and for all the costs taxed against the plaintiff in such action, whether the plaintiff obtains a judgment or not. When a plaintiff makes an application to be qualified as an indigent litigant as set forth in section 2323.311 of the Revised Code, the clerk shall receive and file the civil action or proceeding. If the court approves the application, the clerk shall waive the cash deposit or the security under this section, and the court shall proceed on the action or proceeding. If the court denies the application, the clerk shall retain the filing of the civil action or proceeding, and the court shall issue an order granting the applicant whose application is denied thirty days to make the required cash deposit or security prior to any dismissal or other action on the filing.

Amended by 132nd General Assembly File No. TBD, HB 595, §1, eff. 3/22/2019.

Effective Date: 10-01-1953 .