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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
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on the record that the defendant is not likely to be able to pay any significant part of those costs within the succeeding twelve years.
Ability to pay
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Maryland Md. Rule 4-354 Money judgments/order of payments
A money judgment or other order for payment of a sum certain entered in a criminal action in favor of the State, including court costs, a fine, forfeiture of an
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appearance bond, and adjudication of a lien pursuant to Code, Criminal Procedure Article, § 16-212, may be enforced in the same manner as a money judgment entered in a civil action or in accordance with statutory procedures for the collection of a debt due to the State or a State agency.
Enforcement
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North Dakota N.D.R.Crim.P. 1 Scope and Exceptions (4) Other Proceedings. These rules do not apply to: . . . (C) the collection of fines and penalties; Fines and fees
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North Dakota N.D.R.Crim.P. 11 Pleas
(1) The court may not accept a plea of guilty without first, by addressing the defendant personally [except as provided in Rule 43(b)] in open court, informing the defendant of
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and determining that the defendant understands the following: . . . (G) any maximum possible penalty, including imprisonment, fine, and mandatory fee;
Fines and fees
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North Dakota N.D.R.Crim.P. 38 Stay of Execution and Relief Pending Review
(b) Fine. If the defendant appeals, the court may stay a sentence to pay a fine, fee or costs. The court may stay the sentence on any terms considered appropriate
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and may require the defendant to: (1) deposit all or part of the fine, fee or costs with the clerk; (2) post a bond to pay the fine, fee or costs; or (3) submit to an examination concerning the defendant's assets and, if appropriate, order the defendant to refrain from dissipating assets.
Fines and fees
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Oklahoma Okla. R. 8.1 Rule 8.1. Judicial hearings
When the Judgment and Sentence of a court, either in whole or in part, imposes a fine and/or costs upon a defendant, a judicial hearing shall be conducted and judicial
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determination made as to the defendant's ability to immediately satisfy the fine and costs. See Section 983(D) of Title 22.
Ability to pay
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Oklahoma Okla. R. 1.11 Rule 1.11. Application in Forma Pauperis
Any person who asserts indigency and an inability to pay the filing fees required under these Rules must execute and file with the Clerk of this Court an “Affidavit in
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Forma Pauperis,” verified before a notary public or other person authorized to administer oaths, or as specified in Rule 1.13(L). Any false statement of a material fact therein may serve as the basis for prosecution for perjury. PROVIDED HOWEVER, a certified copy of Form 13.4 of these Rules determining indigency for the filing being submitted may be substituted. See Form 13.2. A pleading shall not be considered filed in this Court until such time as the filing fee is paid or an “Affidavit in Forma Pauperis” is properly filed. This Rule shall not apply to filings of writs of habeas corpus. See 12 O.S.2001 § 1355.
Ability to pay
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Oklahoma Okla. R. 8.5 Rule 8.5. Inability to pay installments because of physical disability or poverty
In the event the defendant, because of physical disability or poverty, is unable to pay fine and/or costs either immediately or in installment payments, he/she must be relieved of the
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fine and/or costs; or, in the alternative, be required to report back to the court at a time fixed by the court to determine if a change of condition has made it possible for the defendant to commence making installment payments toward the satisfaction of fine and/or costs.
Ability to pay
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Oklahoma Okla. R. 8.3 Rule 8.3. Ordering installment payments and fixing the date
After a judicial finding that the defendant may be able to pay the fine and/or costs in installments, the court may order the defendant to make payment of installments in
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reasonable amounts and fix the due date of each payment, and may order the defendant to appear before the court on each due date. In event of imprisonment as a part of the judgment rendered, a determination shall be made as to the defendant's ability to make installment payments after completion of the term of imprisonment. See Section 983(B) of Title 22.
Ability to pay
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Oklahoma Okla. R. 8.4 Rule 8.4. Failure to make installment payments when due
If the defendant fails to make an installment payment when due, he/she must be given an opportunity to be heard as to the refusal or neglect to pay the installment
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when due. If no satisfactory explanation is given at the hearing on failure to pay, the defendant may then be incarcerated. If a defendant has the ability to pay but due to exigent circumstances or misfortune fails to make payment of a particular installment when due, he/she may be given further opportunity to satisfy the fine and/or costs, at the discretion of the court, to be governed by the facts and circumstances of each particular case.
Ability to pay
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Oklahoma Okla. R. 8.6 Rule 8.6. Change of conditions; Incarceration for failure to appear or satisfy fine and/or costs
At any time so fixed by the court for the defendant to appear on due date of installment or to appear for examination to determine change of condition set out
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in Rule 8.5, and the defendant fails to appear, he/she may be incarcerated to satisfy the fine and/or costs. In addition, if the defendant fails to pay fine and/or costs in accordance with the court's order, and the court determines the failure to pay was willful in accordance with Rules 8.1, 8.2, 8.3 and 8.4, the defendant may be incarcerated to satisfy the fine and/or costs.
Fines and fees
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Utah Utah R. Crim. P. 15 Expert Witnesses and Interpreters
The court shall determine the reasonable compensation of the expert and direct payment thereof. The parties may call expert witnesses of their own at their own expense. Upon showing that
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a defendant is financially unable to pay the fees of an expert whose services are necessary for adequate defense, the witness fee shall be paid as if he were called on behalf of the prosecution.
Ability to pay
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Utah Utah R. Crim. P. 27A Stays Pending Appeal from a Court not of Record --Appeals for a Trial De Novo Upon the timely filing of a notice of appeal for a trial de novo, the court shall: (b)(1) order stayed any fine or fee payments until the appeal is resolved Fines and fees
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Utah Utah R. Crim. P. 27B Stays Pending Appeal from a Court not of Record--Hearings De Novo, DUI, and Reckless Driving Cases (d) Fine and Fee payments. Fine and fee payments shall be stayed pending resolution of the appeal. Fines and fees
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Utah Utah R. Juv. P. 26 Rights of Minors in Delinquency Proceedings
If the parent, guardian or custodian of a minor is found not to be indigent, but does not or will not retain counsel for the minor and the minor has
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no means to retain counsel, the court may appoint counsel at public expense. However, the court may order, after giving the parent, guardian or custodian reasonable opportunity to be heard, that the parent, guardian or custodian reimburse the county for the cost of appointed counsel, in whole or in part, depending on ability to pay.
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Utah Utah R. J. Admin. 6-303 Collection of Fines and Restitution
Upon order of the court, the Department of Corrections shall be responsible for the collection and distribution of fines and restitution during the probation period in cases where the court
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orders supervised probation by the Department.
Enforcement
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Utah Utah R. J. Admin. 6-303 Collection of Fines and Restitution
If a defendant fails to pay the amount of fines and restitution ordered by the court pursuant to the payment schedule established by the Department, the Department shall file a
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progress/violation report with the court. The report shall contain any explanation concerning the defendant's failure to pay and a recommendation as to whether the defendant's probation should be modified, continued, terminated or revoked or whether the defendant should be placed on bench probation for the limited purpose of enforcing the payment of fines or restitution.
Enforcement
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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
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of 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.
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,
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shall 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.
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
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right 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.
Ability to pay