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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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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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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.
Ability to pay
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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.
Ability to pay
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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.
Ability to pay
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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.
Ability to pay
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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.
Ability to pay
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Oklahoma Okla. R. 8.6 Rule 8.6. Change of conditions; Incarceration for failure to appear or satisfy fine and/or costs
At any time so fixed by the court for the defendant to appear on due date of installment or to appear for examination to determine change of condition set out
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in Rule 8.5, and the defendant fails to appear, he/she may be incarcerated to satisfy the fine and/or costs. In addition, if the defendant fails to pay fine and/or costs in accordance with the court's order, and the court determines the failure to pay was willful in accordance with Rules 8.1, 8.2, 8.3 and 8.4, the defendant may be incarcerated to satisfy the fine and/or costs.
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