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State Citation Description/Statute Name Language from the rule When does the rule apply?
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Arizona Ariz. R. Crim. P. 26.12(c) Compliance with Sentence
Action upon Failure to Pay a Fine, Restitution, Other Monetary Obligation, or to Comply with Court Orders.(1) For Defendants Not on Supervised Probation. If a defendant fails to pay a
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fine, restitution, or other monetary obligation, or is known by the court to have failed to comply with a term or condition of sentence within the prescribed time, the court shall, within 5 days, notify the prosecutor. (2) For Defendants on Supervised Probation. If a defendant on supervised probation fails to pay a fine, restitution, or other monetary obligation, or is known by the court to have failed to comply with any other term or condition of probation within the prescribed time, the court shall give notice of such failure to the defendant's probation officer within the time limits set under sections (c)(1) and (3). (3) Time limits--Restitution and Non-Monetary Obligations. If the payment or performance of an obligation does not involve the court, delinquency times shall run from the date on which the court or the probation officer becomes aware of failure to pay or comply. (4) Court Action upon Failure of Defendant to Pay Fine, Restitution, or Other Monetary Obligation or to Comply with Court Orders. Upon the defendant's failure to pay a fine, restitution, or other monetary obligation, or failure to comply with court orders, the court may require the defendant to show cause why said defendant should not be held in contempt of court and may issue a summons or warrant for the defendant's arrest.
Fines and fees
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Arizona Ariz. R. Crim. P. 6.7(d) Compensation of appointed counsel
If in determining that a person is indigent under Rule 6.4(a), the court finds that such person has financial resources which enable him or her to offset in part the
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costs of the legal services to be provided, the court shall order him or her to pay to the appointed attorney or the county, through the clerk of the court, such amount as it finds he or she is able to pay without incurring substantial hardship to himself or herself or to his or her family. Failure to obey an order under this section shall not be grounds for contempt or grounds for withdrawal by the appointed attorney, but an order under this section may be enforced by the payee in the manner of a civil judgment. Except as authorized herein, no person, organization or governmental agency may request or accept any payment or promise of payment for assisting in the representation of a defendant by court appointment.
Ability to pay
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Arizona Ariz. R. Crim. P. 33.3 Disposition of other contempts; notice and hearing
Except as provided by law or by Rule 33.2, a person shall not be found in criminal contempt without a hearing held after notice of the charge. The hearing shall
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be set so as to allow a reasonable time for the preparation of the defense; the notice shall state the time and place of the hearing, and the essential facts constituting the contempt charged, the notice may be given orally by the judge in open court in the presence of the person charged, or by an order to show cause. The defendant is entitled to subpoena witnesses on his or her behalf and to release under Rule 7
Ability to pay
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Arizona Arizona Rule 22 Default by Defendant at Hearing
(a) Except where Rule 21 is applicable, if the defendant fails to appear as required, theallegations of the complaint shall be deemed admitted, and the court shall enter a judgment
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for the State, impose a civil sanction, and report such judgment to the Department of Transportation, except that civil boating violation judgments shall not be reported to the Department of Transportation. (b) If it appears that the defendant is in active military service, no default judgment may be entered.
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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Pennsylvania PA R GREENE CTY RCRP Rule G1407-CRIM Payment of Fines, Costs, and Restitution
a. All fines, costs, and restitution assessed at the time of sentencing shall be payable within fifteen (15) days of sentencing, except in cases where the defendant can show a
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hardship, the Greene County Probation and Parole Department may arrange a payment schedule with the defendant in order to provide that all such fines, costs and restitution are paid in full at least one (1) month prior to the maximum term of the sentence. b. The Greene County Parole and Probation Department shall ensure that all cases where the defendant has not paid the fines, costs and restitution pursuant to the foregoing are scheduled for a violation hearing consistent with Pa.R.Crim.P. 1409 when a defendant unjustifiably is not making payments agreed upon, but in any event, such hearing shall be scheduled not later than one (1) month prior to the termination of the maximum sentence of the defendant.
Fines and fees
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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