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State Citation Description/Statute Name Language from the rule When does the rule apply?
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Hawaii Hawai‘i Civil Traffic Rules (HCTR), Rule 17 Rule 17. Community Service in Lieu of Payment of Monetary Assessment
The court may permit the defendant to perform community service work in lieu of payment of the monetary assessment. Community service may be ordered at the defendant's request if the
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court finds that the defendant does not have the ability to pay the monetary assessment. Community service may not be ordered in lieu of payment of costs and fees.Credits
Ability to pay
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Hawaii District Court Rule 2.2 Costs and Fees to be Collected by the Clerk
The clerk shall collect costs and fees provided by Chapter 607 of the Hawai'i Revised Statutes except that the clerk shall collect the amounts specified herein as follows:1. For copies
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of any document in any public record maintained by the clerk: a. In the clerk's office: $1.00 for the first page and $.50 for each additional page b. In an off-site storage location: $5.00 plus usual copying charge c. On microfilm: i. $5.00 when provided by the clerk plus $1.00 per page ii. $1.00 per page when obtained via self-service 2. For telefaxing of any document in any public record, the applicable charges plus: i. Within Hawai'i: $2.00 first page and $1.00 each additional page ii. Outside Hawai'i, within the United States (including American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands): $5.00 first page and $2.00 each additional page iii. Outside the United States: $10.00 first page and $5.00 each additional page 3. For copies of audio tapes, electronic copy of any document: $10.00 4. For copies of video tapes: cost of production 5. For any expedited or rush requests (copy(ies) provided within 4 hours if request received before noon): $10.00 plus all other applicable charges 6. Ex officio filing (in addition to the usual filing fee): $10.00 7. Certification under seal of a copy of a pleading or other document subsequent to the initial filing of the pleading or document, except the record on appeal: $2.00 8. For Traffic Court Record Report (non-parking; when a report is available): $1.00 for the first page and $.50 for each additional page 9. For Traffic Court Record Report with clerk's notes (non-parking; when a report is available): $1.00 for the first page and $.50 for each additional page. 10. Search of records by the clerk (when a request does not include a case number that is available through a self-search of case record indexes): $5.00. 11. Parties to a pending case shall not be charged for the first copy of the court order, opinion, judgment or any other item entered in the case by the court, whether provided on paper or electronically. 12. The clerk shall charge the actual cost of mailing paper copies of any item, provided that the parties to a pending case shall not be charged for the mailing of the first copy of a court order, opinion, or other item entered in the case by the court. 13. The court may waive costs and fees for good cause shown. In lieu of copying and mailing fees, the administrative judge may authorize the clerk to provide copies of orders, opinions, or other items to publishing companies in exchange for published materials for the benefit of the court or the judiciary.
Fines and fees
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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
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an 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
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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
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on 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
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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,
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a judge may in his discretion assess those expenses as costs against the party or counsel requesting the continuance.
Fines and fees
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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
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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.
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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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Virginia Va. Sup.Ct. Rule 3B:2 Rules of Supreme Court of Virginia Part Three B Traffic Infractions and Uniform Fine Schedule
For any offense listed below, whether prescribed by the specified State statute or by a parallel local ordinance adopted pursuant to the authority granted in Virginia Code § 46.2-1300, a
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driver may enter a written appearance, waiver of court hearing, plea of guilty, and pay fines and costs. For traffic offenses not listed below, a court hearing is required. Nothing in this Rule affects bonding procedures for those offenses not listed below. Likewise, nothing in this Rule shall be construed to alter the operation of or the penalties prescribed pursuant to §§ 46.2-1220 through 46.2-1230. This schedule is applied uniformly through out the Commonwealth, and a clerk or magistrate may not impose a fine different from the amounts shown here. Costs shall be paid in accordance with the provisions of the Code of Virginia or any rules or regulations promulgated thereunder. This schedule does not restrict the fine a judge may impose for an offense listed here in any case for which there is a court hearing.
Fines and fees
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Virginia Va. Sup.Ct. Rule 3C:2 Rules of Supreme Court of Virginia Part Three C Non-Traffic Prepayable Offenses and Uniform Fine Schedule
Any person charged with any offense list ed below may enter a written appearance,waiver of court hearing, plea of guilty, and pay fines and costs. This schedule is applied
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uniformly throughout the Commonwealth, and a clerk or magistrate may not impose a fine different from the amounts shown here. Costs shall be paid in accordance with the provisions of the Code of Virginia or any rules or regulations promulgated thereunder. The schedule does not restrict the fine a judge may impose for an offense listed here in any case for which there is a court hearing. Where injury to the person is involved, prepayment may not be made, even though the offense or violation appears on the list below. See Va. Code §16.1-69.40:2(A). A violation of a provision of Title 28.2 may be prepaid only if the person has not violated a provision of Title 28.2 within the past 12 months. See Va. Code §28.2 - 903. A violation of any of the provisions of the hunting, trapping, or inland fish laws, or of§18.2-132, or any regulations adopted by the Board of Game and Inland Fisheries pursuant thereto, may be prepaid only if the person has not violated any of those provisions within the past three years. See Va. Code §29.1-338. Any person charged with any offense listed below may enter a written appearance, waiver of court hearing, plea of guilty, and pay fines and costs. This schedule is applied uniformly throughout the Commonwealth, and a clerk or magistrat e may not impose a fine different from the amounts shown here. Costs shall be paid in accordance with the provisions of the Code of Virginia or any rules or regulations promulgated thereunder. The schedule does not restrict the fine a judge may impose for an offense listed here in any case for which there is a court hearing. Where injury to the person is involved, prepayment may not be made, even though the offense or violation appears on the list below. See Va. Code §16.1-69.40:2(A). A violation of a provision of Title 28.2 may be prepaid only if the person has not violated a provision of Title 28.2 within the past 12 months. See Va. Code §28.2-903. A violation of any of the provisions of the hunting, trapping, or inland fish laws, or of §18.2-132, or any regulations adopted by the Board of Game and Inland Fisheries pursuant thereto, may be prepaid only if the person has not violated any of those provisions within the past three years. See Va. Code §29.1-338.
Fines and fees