Criminal Justice Policy Program at Harvard Law School
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Court Rules
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When does this apply
| State | Citation | Description/Statute Name | Language from the rule | When does the rule apply? | |
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Maryland | Md. Rule 4-353 | Assessment of Costs pursuant to Article, § 7-409 |
Costs assessed pursuant to Code, Courts Article, § 7-409 shall be assessed separately from other costs and shall not be waived by the court except upon an express finding stated + See moreon the record that the defendant is not likely to be able to pay any significant part of those costs within the succeeding twelve years.
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Ability to pay |
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Missouri | Mo. Sup. Ct. R. 37.43(a) | Ordinance Violation - Summons or Arrest Warrant - When Issued - Failure to Appear |
When an information charging the commission of an ordinance violation is filed pursuant to Rule 37.34, a summons shall be issued unless the court finds that there are:(a) Sufficient facts + See morestated to show probable cause that an ordinance violation has been committed, and
(b) Reasonable grounds for the court to believe that the defendant will not appear upon the summons, or a showing has been made to the court that the accused poses a danger to a crime victim, the community, or any other person.
If the court so finds, a warrant for the arrest of the defendant may be issued
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Fines and fees |
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Missouri | Mo. Sup. Ct. R. 36.04 | Minimum operating standards |
Minimum Operating Standard # 2: Municipal divisions shall inquire of defendants and allow them to present information about their financial condition when assessing their ability to pay and establishing payment + See morerequirements for monies due
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Ability to pay |
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West Virginia | W. Va. R. Crim. P. 17(b) | Subpoena - ability to pay |
Subpoena - Defendants unable to pay. — The court shall order at any time that a subpoena be issued for service on a named witness upon an ex parte application + See moreof a defendant upon a satisfactory showing that the defendant is financially unable to pay the fees of the witness and that the presence of the witness is necessary to an adequate defense. If the court orders the subpoena to be issued, the costs incurred by the process and the fees of the witness so subpoenaed shall be paid in the same manner in which similar costs and fees are paid in case of a witness subpoenaed in behalf of the state.
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Ability to pay |
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West Virginia | W. Va. R. Civ. P. 77(e) | Waiver of fees |
Filing of affidavit of indigence. — A person seeking waiver of fees, costs, or security, pursuant to Chapter 59, Article 2, Section 1 [§ 59-2-1] of the Code of West Virginia, + See moreshall execute before the clerk or a deputy an affidavit prescribed by the chief justice of the Supreme of Court of Appeals, which shall be kept confidential in divorce and domestic violence proceedings.
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Ability to pay |
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West Virginia | W. Va. R. Crim. P. 32(c)5 | Right to Appeal |
Notification of right to appeal. — After imposing sentence in a case which has gone to trial on a plea of not guilty, the court must advise the defendant of the + See moreright to appeal. After imposing sentence in any case, the court must advise the defendant of any right to appeal the sentence, and of the right of a person who is unable to pay the cost of an appeal to apply for leave to appeal in forma pauperis. If the defendant so requests, the clerk of the court shall prepare and file forthwith a notice of intent to appeal on behalf of the defendant.
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Ability to pay |