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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Massachusetts | S.J.C. Rule 3:10(10)(b) | Assignment of Counsel |
If a judge determines that a party is indigent but able to contribute, the judge shall order the party to pay the indigent counsel fee plus a contribution fee based + See moreon the financial circumstances of the party, provided that the amount of the contribution fee shall not cause substantial financial hardship. The party shall be given an opportunity to be heard and to present information, including witness affidavits or testimony, regarding whether the contribution fee would cause substantial financial hardship.
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Fines and fees |
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Massachusetts | Mass. R. Crim P. 10(b) | Continuances |
When a continuance is granted upon the motion of either the Commonwealth or the defendant without adequate notice to the adverse party, causing the adverse party to incur unnecessary expenses, + See morea judge may in his discretion assess those expenses as costs against the party or counsel requesting the continuance.
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Fines and fees |
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Massachusetts | Mass. R. Crim P. 6(d)(1) | Summons to Appear; Arrest Warrant | A judge may order that expenses incurred as a result of the entry of a default against a defendant are to be assessed as costs against the defendant. | Fines and fees |
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Michigan | Mich. Court R. 1.11 | Time of payment | Fines, costs, and other financial obligations imposed by the court must be paid at the time of assessment, except when the court allows otherwise, for good cause shown. | Fines and fees |
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Michigan | Mich. Court R. 6.905(D) | Costs assessed |
(D) Cost. The court may assess cost of legal representation, or part thereof, against the juvenile or against a person responsible for the support of the juvenile, or both. The + See moreorder assessing cost shall not be binding on a person responsible for the support of the juvenile unless an opportunity for a hearing has been given and until a copy of the order is served on the person, personally or by first class mail to the person's last known address.
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Fines and fees |
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Michigan | Mich. Court R. 3.605 | Collection of penalties |
(B) Parties. The civil action for a pecuniary penalty incurred for the violation of an ordinance of a city or village must be brought in the name of the city + See moreor village. Other actions to recover penalties must be brought in the name of the people of the State of Michigan. (C) Judgment on Penalty. In an action against a party liable for a penalty, judgment may be rendered directly against the party and in favor of the other party on motion and showing that the condition has occurred giving rise to the penalty. This subrule does not apply to forfeited civil recognizances under MCR 3.604 or to forfeited criminal recognizances under MCL 765.28. (D) Remission of Penalty. An application for the remission of a penalty, including a bond forfeiture, may be made to the judge who imposed the penalty or ordered the forfeiture. The application may not be heard until reasonable notice has been given to the prosecuting attorney (or municipal attorney) and he or she has had an opportunity to examine the matter and prepare to resist the application. The application may not be granted without payment of the costs and expenses incurred in the proceedings for the collection of the penalty. (E) Duty of Clerk When Fine Without Order for Commitment; Duty of Prosecutor. When a fine is imposed by a court on a person, without an order for the immediate commitment of the person until the fine is paid, the clerk of the court shall deliver a copy of the order imposing the fine to the prosecuting attorney of the county in which the court is held, or the municipal attorney in the case of a fine that is payable to a municipality. The prosecuting attorney (or municipal attorney) shall obtain execution to collect the fine.
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Fines and fees |
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Michigan | Mich. Court R. 1.111(f)(5) | Language interpreters | If a party is financially able to pay for interpretation costs, the court may order the party to reimburse the court for all or a portion of interpretation costs. | Fines and fees |
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Michigan | Mich. Court R. 8.106(E) | Fee for bad checks | NSF Checks. A court may assess costs for reasonable expenses incurred for checks returned to the court due to insufficient funds. | Fines and fees |