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State Citation Description/Statute Name Language from the rule When does the rule apply?
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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
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Florida Fla. R. Crim. Proc. 3.984 Application for criminal indigent status
Notice to Applicant: The provision of a public defender/court appointed lawyer and costs/due process services are not free. A judgment and lien may be imposed against all real or personal
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property you own to pay for legal and other services provided on your behalf or on behalf of the person for whom you are making this application. There is a $50.00 fee for each application filed. If the application fee is not paid to the Clerk of the Court within 7 days, it will be added to any costs that may be assessed against you at the conclusion of this case. If you are a parent/guardian making this affidavit on behalf of a minor or taxdependent adult, the information contained in this application must include your income and assets.
Ability to pay
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Florida Adm. Order No. 07-99-26-5 (Ninth Circuit) Amended administrative order governing a collections court program in Orange county
I. Placement under Program:When fines and costs are imposed at sentencing or reimposed pursuant to a modification or termination of probation, the trial judge may also order any defendant, who
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does not or cannot pay the fines and court costs in full at sentencing or at a date certain not to exceed 120 days, to comply with the terms of the Program. When sentencing defendants to probation or community service the trial judge may order the defendants to comply with the Program for payment of fines and costs. In cases in which defendants are sentenced and incarcerated to the Florida Department of Corrections, upon their release from state custody they may be included in the Program. However, the judge may also reduce all fines and costs to a final judgment and thus, these defendants shall not be included in the Program.
Ability to pay
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Florida Adm. Order No. 7-13.2 (Tenth Circuit) Order establishing a collections court program in Highland county
I. PLACEMENT OF THE CASE FOR THE PROGRAM:1. When fines and costs are imposed at sentencing for any criminal traffic violation or criminal case, municipal ordinance violation, Game and Fish
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or Clean Air violations, or reimposed pursuant to a termination of probation, the sentencing judge may also order any defendant, who does not or cannot pay the fines and court costs in full at sentencing or by a date certain not to exceed 120 days, to comply with the terms of the Program and this Administrative Order. 2. The sentencing judge shall advise defendants of the total amount of fines and costs due at the time of sentencing and the date certain payment in full is due, which shall be the last business day prior to the Court Ordered Payment Due hearing date (hereinafter the “COPD hearing”). The COPD hearing date shall be given to the defendant at the time of sentencing or reimposition of fines and costs, unless the sentencing judge finds that there is a basis for handling a particular case or cases differently. 3. In cases in which defendants are sentenced and incarcerated to the Florida Department of Corrections, upon their release from state custody, they may be included in the Program. However, the sentencing judge may reduce all fines and costs to a final judgment, and thus these defendants shall not be included in the Program.
Ability to pay