Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.
Every law can be saved to the Reform Builder
State | Citation | Description/Statute Name | Language from the rule | When does the rule apply? | |
---|---|---|---|---|---|
Add to Dashboard
|
Massachusetts | S.J.C. Rule 3:10(10)(a) | Assignment of Counsel |
If a judge determines that a party is indigent, the judge may not order, require, or solicit the party to make any payment toward the cost of counsel, except for + See morean indigent counsel fee. The indigent counsel fee shall be waived where a judge, after the indigency verification process, determines that the party is unable without substantial financial hardship to pay the indigent counsel fee within 180 days. Where the indigent counsel fee is not waived, the judge may authorize the party to perform community service in lieu of payment of the indigent counsel fee in accordance with G. L. c. 211D, § 2A(g). The clerk shall enter the judge's determination on the court docket.
|
Ability to pay |
Add to Dashboard
|
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.
|
Fines and fees |
Add to Dashboard
|
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.
|
Fines and fees |
Add to Dashboard
|
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 |
Add to Dashboard
|
Mississippi | URCCC Rule 11.04 | Post-Conviction Fines, Payment of Fines, and Indigents | Matters concerning post-conviction fines, payment of fines, indigents and imprisonment for nonpayment of fines shall be governed by § 99-19-20 of the Mississippi Code of 1972. | Ability to pay |
Add to Dashboard
|
Mississippi | M.R.A.P. Rule 6(a)(1) | Counsel on Appeal in Criminal Cases and Proceedings In Forma Pauperis in Criminal Cases |
A defendant in a criminal case in a trial court who desires to proceed on appeal in forma pauperis shall file in the trial court a motion for leave so to proceed, + See moretogether with an affidavit showing the defendant's inability to pay fees and costs. If the motion is granted, the defendant may so proceed without further application to the Supreme Court and without prepayment of fees or costs in either court. If the motion is denied, the trial court shall state in writing the reasons for the denial.
|
Ability to pay |
Add to Dashboard
|
New Hampshire | N.H. Sup. Ct. Rule 47 | COUNSEL FEES AND EXPENSES--INDIGENT CRIMINAL CASES | Only upon an express, written finding of good cause and exceptional circumstances by the court will the maximum fees be exceeded or will additional fees be authorized. | |
Add to Dashboard
|
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 |
Add to Dashboard
|
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 + See moreand determining that the defendant understands the following: . . . (G) any maximum possible penalty, including imprisonment, fine, and mandatory fee;
|
Fines and fees |
Add to Dashboard
|
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 + See moreand 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 |
Add to Dashboard
|
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 + See moredetermination made as to the defendant's ability to immediately satisfy the fine and costs. See Section 983(D) of Title 22.
|
Ability to pay |
Add to Dashboard
|
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 + See moreForma 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 |
Add to Dashboard
|
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 + See morefine 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 |
Add to Dashboard
|
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 + See morereasonable 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 |
Add to Dashboard
|
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 + See morewhen 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 |
Add to Dashboard
|
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 + See morein 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 |