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State | Citation | Description/Statute Name | Language from the rule | When does the rule apply? | |
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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 |
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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.
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Ability to pay |
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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 + See moreof 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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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, + See moreshall 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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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 + See moreright 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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Ability to pay |