Ohio Rev. Code » Chapter 2969
Ohio Revised Code

Ohio Rev. Code § 2969.22 (2026)

Deductions and procedures when inmate commences civil action or appeal against government entity or employee

✓ current as of May 2026
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Effective:
June 28, 2002
Latest Legislation:
Senate Bill 168 - 124th General Assembly
PDF:
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(A)(1) Whenever an inmate commences a civil action or appeal against a government entity or employee on or after October 17, 1996, all of the following apply:

(a) The clerk of the court in which the civil action or appeal is filed shall notify the inmate and either the department of rehabilitation and correction, the sheriff or other administrator of the jail or workhouse, or the administrator of the violation sanction center, whichever has physical custody of the inmate, of the deductions and procedures required by divisions (A) to (D) of this section, and shall identify in the notice the civil action or appeal by case name, case number, name of each party, and the court in which the civil action or appeal was brought.

(b) The clerk of the court in which the civil action or appeal is filed shall charge to the inmate either the total payment of the requisite fees that are described in section 2303.20 of the Revised Code or that otherwise are applicable to actions or appeals filed in that court or, if the inmate has submitted an affidavit of indigency, all funds in the inmate account of that inmate in excess of ten dollars, and shall notify the inmate of the charge.

(c) Unless the amount charged under division (A)(1)(b) of this section constitutes the total amount of the requisite fees, all income in the inmate account of the inmate shall be forwarded to the clerk of the court during each calendar month following the month in which the inmate filed the civil action or appeal until the total payment of the requisite fees occurs. The first ten dollars in the inmate account of the inmate each month shall be excluded from that forwarding requirement. If multiple charges are assessed to an inmate account under this division, charges shall be calculated on the basis of the inmate's total income and shall be paid as described in this division until the charges exceed one hundred per cent of nonexcluded funds in the inmate account; thereafter, all unpaid fees shall be paid simultaneously from the inmate account of the inmate to the appropriate court or courts pro rata.

(d) Upon receipt of the notice of the requisite fees payable pursuant to divisions (A)(1)(a) to (c) of this section, the department, sheriff or other administrator of the jail or workhouse, or the administrator of the violation sanction center shall deduct from the inmate account of the inmate and transmit to the clerk of the appropriate court the appropriate amounts of the requisite fees as described in divisions (A)(1)(b) and (c) of this section.

(2) The procedures described in this section apply notwithstanding any contrary court rule or the filing of a poverty affidavit.

(3) This section does not limit the clerk of a court of common pleas, court of appeals, county court, or municipal court from considering any other inmate resources separate and apart from an inmate account of an inmate in evaluating the inmate's ability to pay court costs, fees, awards, or other amounts.

(B) An inmate who commences a civil action or appeal against a governmental entity or employee on or after October 17, 1996, shall be considered to have authorized payment as the plaintiff in the civil action or the appellant in the appeal of the requisite fees that are described in section 2303.20 of the Revised Code or that otherwise are applicable to actions or appeals filed in the court in which the action or appeal is filed, using the procedures set forth in this section, until total payment of the requisite fees.

(C)(1) If an inmate files a civil action or appeal against a government entity or employee on or after October 17, 1996, upon the termination of the civil action or appeal, the clerk of the court in which the action or appeal was filed shall notify the department of rehabilitation and correction, the sheriff or other administrator of the jail or workhouse, or the administrator of the violation sanction center of the outcome of the civil action or appeal and shall identify the civil action or appeal by case name, case number, name of each party, and the court in which the civil action or appeal was brought.

(2) The department of rehabilitation and correction, the sheriff or other administrator of a jail or workhouse, or the administrator of the violation sanction center shall keep in the inmate's file a record of the information supplied by the clerk of the appropriate court under division (C)(1) of this section.

(D) If an inmate is to be released from confinement prior to the total payment of the requisite fees as provided in divisions (A) and (B) of this section, the department of rehabilitation and correction, the sheriff or other administrator of the jail or workhouse, or the administrator of the violation sanction center, whichever has physical custody of the inmate, shall inform the clerk of the court of common pleas, court of appeals, county court, or municipal court of the release. The department, sheriff or other administrator of the jail or workhouse, or administrator of the violation sanction center shall deduct from the inmate account of the inmate in the month of the inmate's release from custody an amount sufficient to pay the remainder of the requisite fees owed and transmit that amount to the clerk. If there are insufficient funds in the inmate account of the inmate to totally pay the requisite fees, the department, sheriff or other administrator of the jail or workhouse, or administrator of the violation sanction center shall deduct the balance of the account and transmit that amount to the clerk. The clerk shall inform the court of the amount of the requisite fees still owed.
Notes of Decisions
Cited in 17 cases, 1997–2018 · leading case: Rash v. Anderson, 686 N.E.2d 505 (Ohio 1997).
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Rash v. Anderson, 686 N.E.2d 505 (Ohio 1997). · cites it 7× “R.C. 2969.22 Rash contends in his second proposition of law that the court of appeals erred in ordering the deduction of funds from his inmate account pursuant to R.”
Boylen v. Ohio Dep't of Rehab. & Corr., 912 N.E.2d 624 (Ohio Ct. App. 2009). · cites it 4× “Specifically, appellant argued that R.C. 2969.22 does not authorize the Stark County Clerk of Courts to pursue the collection of the court costs for a criminal appeal, that the Department of Rehabilitation and Correction had failed to follow the procedures set forth in Ohio Adm.”
Fuqua v. Williams, 797 N.E.2d 982 (Ohio 2003). “03CA008210, 2003-Ohio-3142 , 2003 WL 21396459 , at ¶ 5, expressly held that the requirements of R.C. 2969.22 and 2969.25 applied to habeas corpus petitions because they constitute civil actions.”
State ex rel. Crigger v. Ohio Adult Parole Auth., 695 N.E.2d 254 (Ohio 1998). · cites it 2× “He contends that the court of appeals improperly applied R.C. 2969.22 et seq. because these statutes do not apply to habeas corpus actions and R.”
State ex rel. Whiteside v. Fais, 91 Ohio St. 3d 463 (Ohio 2001). · cites it 3× “WTiiteside further claims that the court of appeals erred in applying the in forma pauperis filing requirements of R.C. 2969.22, which applies to inmates filing civil actions against government entities or employees.”
State ex rel. Crigger v. Ohio Adult Parole Auth., 1998 Ohio 239 (Ohio 1998). · cites it 5× “The court of appeals ordered the institution cashier to remit $50 from Crigger’s inmate account “in accordance with O.R.C. 2969.22.” Crigger then again moved to waive the filing fee and costs, this time asserting that R.”
State ex rel. Robinson v. Adult Parole Auth., 2018 Ohio 2101 (Ohio Ct. App. 2018). “The magistrate's order instructed the clerk to collect fees and assess costs in accordance with R.C. 2969.22. {¶ 13} 8. On June 15, 2016, respondent filed a motion to dismiss.”
Jordan v. Johnson, 2013 Ohio 3679 (Ohio Ct. App. 2013). · cites it 2× “25(A), (4) failed to pay the requisite filing fees or file a proper fee waiver request pursuant to R.C. 2969.22 and R.C. 2969.25(C), and (5) failed to properly caption his petition under Civ.”
Johnson v. Robinson, 2016 Ohio 3366 (Ohio Ct. App. 2016). · cites it 2× “Assignments of Error {¶ 12} On appeal, Johnson presents four “statements of error” for our review12: First Statement of Error: As to the matter of Civil Rule 12(C) and Civil Rule 12(B)(6), on the second page of the Journal Entry, it is my contention that the Court erred in it’s…”
Rash v. Anderson, 1997 Ohio 338 (Ohio 1997). · cites it 9× “] Habeas corpus to compel petitioner’s release from Grafton Correctional Institution—Writ denied, when—Application of R.C. 2969.22 to indigent inmates not a violation of constitutional rights of access to courts, due process, equal protection, and freedom from double jeopardy.”
State ex rel. Whiteside v. Fais, 2001 Ohio 97 (Ohio 2001). · cites it 3× “{¶ 7} Whiteside further claims that the court of appeals erred in applying the in forma pauperis filing requirements of R.C. 2969.22, which applies to inmates 2 January Term, 2001 filing civil actions against government entities or employees.”
Cotton v. Sheldon, 2014 Ohio 756 (Ohio Ct. App. 2014). “Pursuant to R.C. 2969.22(A)(1)(b), when “an inmate commences a civil action or appeal against a government entity or employee * * * [t]he clerk of court * * * shall charge to the inmate either the total payment of the requisite fees that are described in section 2303.”
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Ohio Rev. Code § 2969.22(A): 1 case
Rash v. Anderson, 1997 Ohio 338 (Ohio 1997). “] Habeas corpus to compel petitioner’s release from Grafton Correctional Institution—Writ denied, when—Application of R.C. 2969.22 to indigent inmates not a violation of constitutional rights of access to courts, due process, equal protection, and freedom from double jeopardy.”
Ohio Rev. Code § 2969.22(A)(1)(b): 1 case
Cotton v. Sheldon, 2014 Ohio 756 (Ohio Ct. App. 2014). “Pursuant to R.C. 2969.22(A)(1)(b), when “an inmate commences a civil action or appeal against a government entity or employee * * * [t]he clerk of court * * * shall charge to the inmate either the total payment of the requisite fees that are described in section 2303.”
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