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State Citation Description/Statute Name Language from the rule When does the rule apply?
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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
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requirements for monies due
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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