Background
Veronica Ferguson sued Annette Windsor for defamation and other alleged torts, and Windsor counterclaimed for slander and libel. The parties later signed and filed an agreement dismissing all claims and counterclaims and providing that costs would be split equally.
The clerk billed Ferguson $769.20 and Windsor $1,108.20. The difference reflected fees connected to subpoenas Windsor had previously requested. Windsor moved to waive or recalculate her costs, require service by ordinary mail instead of email, and obtain relief from the dismissal under Ohio Civil Rule 60(B). The trial court denied those requests, and Windsor appealed.
The Court’s Holding
The Fifth District affirmed. It held that the trial court did not abuse its discretion by declining to waive Windsor’s costs because the trial judge found that her assets and monthly income enabled her to pay. The court also upheld the unequal bills: the parties’ agreement divided court costs equally, but Windsor’s unpaid witness and mileage fees associated with her subpoenas were separate expenses that she alone owed.
The court further held that local rules and Civil Rule 5 permitted service by email and required an unrepresented party to provide an email address for electronic service. Finally, Civil Rule 60(B) did not authorize relief from the parties’ voluntary dismissal because no judge-signed judgment had been entered, and Windsor’s first voluntary dismissal of her counterclaims was not a final judicial determination subject to Rule 60(B) relief.
Key Takeaways
- Indigency may excuse an advance deposit in a civil case, but it does not automatically eliminate ultimate liability for court costs; a full waiver remains discretionary.
- Subpoena-related witness and mileage fees may be treated separately from taxable court costs, so an agreement to split court costs equally does not necessarily divide those expenses.
- A first voluntary dismissal is not a judgment that can be undone through Civil Rule 60(B), and courts may enforce valid local rules requiring electronic service.
Why It Matters
The decision distinguishes ordinary court costs from expenses incurred to issue and serve subpoenas, an important point when drafting or enforcing settlement and dismissal agreements that allocate “costs.” Parties should specify whether such agreements also cover outstanding witness, mileage, or service expenses.
The opinion also underscores that self-represented litigants must follow local electronic-service rules and that Rule 60(B) generally cannot be used to retract a first voluntary dismissal merely because a party later seeks to undo the settlement reflected in that dismissal.