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Idaho Idaho M.C.R. Rule 12 Appointment of persons to receive filings, fees, fines, forfeitures and bail moneys
The administrative district judge may appoint such person or persons to administer oaths, accept pleas to misdemeanor citations and complaints, receive bail, fines, forfeitures, and court costs, execute deferred payment
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agreements within guidelines set by the court, and perform all duties assigned to the clerk under these rules. All persons appointed under this rule to accept bail bonds shall be deemed acting as gratuitous bailees. Unless such persons are covered by a public employee bond, they shall be required to execute official surety bonds in the sum of not less than $1,000 issued by a surety company authorized to do business in Idaho, or be executed by two (2) sufficient sureties approved by the administrative district judge, insuring that such person will faithfully perform the duties of the office and appointment and at all times account for and pay over all moneys in his hands as appointive clerk.(b) Appointment of law enforcement officer. Duly appointed law enforcement officers may be appointed by the administrative district judge to receive fines within the limits of Rule 14 and cash deposits as bail in all cases provided for in Rule 13, provided they execute an official surety bond in the sum of $1,000, or such officers are covered by an existing blanket fidelity bond and such bond coverage includes any moneys received pursuant to this rule. The cash deposit shall be made at the office of the law enforcement agency or at the appropriate court, or at such other place, which may be the place of issuance of a citation, as directed by the administrative district judge in an appropriate case occasioned by extreme circumstances or remoteness. An adequate record shall be kept of the deposit paid, which shall be transmitted in kind or check to the clerk's office within 24 hours after receipt. The record shall consist of the amount of deposits paid, whether paid in cash or otherwise, the offense involved, person charged, the person paying the said deposit and the date, hour and minute paid. A triplicate receipt shall be made; one (1) copy shall be given to the person paying the deposit, one (1) copy shall be transmitted to the clerk's office, and one (1) copy shall remain in the issuing agency's office.
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Idaho Idaho M.C.R. Rule 15 Method of payment of fines and costs.
Fines and costs may be paid by cash, money order, or cashier's check payable to the clerk of the court, or by major credit card or debit card where procedures
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for accepting such cards are available. In the discretion of the court, other fines and costs may also be paid by personal check payable to the clerk of the court under such procedures established by the administrative district judge for acceptance of such checks. Each administrative district judge, with the consultation of the district court clerks in the judicial district, shall develop guidelines and procedures for the acceptance of personal checks which should be in accordance with generally accepted business practices to reasonably assure that the check will be honored. Any administrative district judge may order that personal checks received for the payment of fines and costs be placed in a suspense fund and that the moneys from such checks not be delivered to the district court clerk until the checks have been honored. Any employee, deputy, official or agent of any court or any district court clerk accepting a personal check under the guidelines and procedures prescribed by the administrative district judge or by Supreme Court rule shall not in any case be liable for the payment or reimbursement of the funds represented by such personal check in the event it is dishonored. Provided, however, in the event that a check is dishonored and returned to the court for any reason, the defendant will be deemed not to have appeared nor to have posted bond under the citation and therefore may be prosecuted for failure to appear on the citation as well as for the violation of the citation; and in addition thereto, the maker of the check may be prosecuted for such other misdemeanor or felony for issuance of the check as may be provided by law.
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Idaho I.C.R. Rule 54.7 Payment of Fees--Preparation of transcript
Unless otherwise ordered by the district judge, the transcript shall be prepared in the following manner:(a) Payment of Transcript Fee. Unless otherwise ordered by the district judge, the appellant
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shall pay the estimated fee for preparation of the transcript as determined by the transcriber within 14 days after the filing of the notice of appeal, and the appellant shall pay the balance of the fee for the transcript upon its completion. The appellant shall pay a sum per page for the original and two (2) copies of the transcript to be prepared by the transcriber equal to the dollar amount per page provided for the cost of a transcript prepared by a court reporter under Section 1-1105, Idaho Code. Such sum shall be paid to the clerk of the court of the magistrate's division and deposited in the district court fund, or such other fund which incurred the expense of the person who prepared the transcript. If the transcript is prepared by a transcriber or reporter privately retained by appellant, the cost therefor shall be paid by the appellant as agreed, but for purposes of taxing costs, the cost shall be deemed to be the same as provided in this rule. The district judge may order a transcript prepared at county expense if the appellant is exempt from paying such fee as provided by statute or law.(b) Preparation of Transcript. Upon the payment of the estimated transcript fees, the transcriber shall give a receipt to the party paying such fees and shall thereafter prepare the transcript and lodge the same with the clerk of the trial court within thirty-five (35) days from the date of payment of the estimated fee. The transcriber may make application to the district judge for an extension of time in which to prepare the transcript, which shall be granted only for good cause shown. (c) Certificate. The transcript must be examined and certified by the typist by a certificate in substantially the following form: CERTIFICATE OF TRANSCRIPTION (d) Form of Transcript. All transcripts of the testimony and proceedings prepared for an appeal to the district court shall be in such form and arrangement as required for appeals to the Supreme Court under the Idaho Appellate Rules.
Fines and fees
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Idaho Idaho M.C.R. Rule 4 Jurisdiction-Venue-Distribution of Fines.
(a) Jurisdiction. Every magistrate in the state of Idaho is hereby assigned and granted the authority and jurisdiction to hear, process and determine, pursuant to judicial district rule of assignment,
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any citable offense alleged to have occurred within the state of Idaho, subject to the provisions of this rule.(b) Primary jurisdiction and venue. All citable offenses shall be heard, processed and determined by a magistrate or judge in the county in which such violation is alleged to have occurred, except that citable offenses may be heard, processed and determined by the magistrates division of the district court of the county to which such alleged violation is assigned or transferred under this rule. (c) Transfer of misdemeanor citation or complaint to convenient county. (1) Transfer of citation by issuing officer. At the time of issuance of a citation or complaint, the person charged and the officer issuing the citation or complaint may mutually agree that the citation or complaint may be processed by a court in a more convenient county than the county in which the alleged violation occurred. In case of such agreement, the officer shall indicate upon the face of the citation or complaint the county and court before which the person charged must appear at a time certain, which date shall be not less than seven (7) nor more than twenty-one (21) days after the date of issuance of the citation or complaint. The signatures of the officer and the party charged upon the citation or complaint shall be deemed consent to such transfer of the citation or complaint. At the time of the issuance of a citation or complaint, the officer shall discuss with the party charged as to which county would be most convenient for processing the citation or complaint. It is the intent of these rules to allow transfers except in extraordinary circumstances. (2) Transfer of citation or complaint by stipulation. At any time prior to the entry of a guilty plea, the parties may file a written stipulation to transfer the citation or complaint to a more convenient county. The stipulation must state the appearance date for the defendant in the more convenient county, which must be not less than fourteen (14) days after execution of the stipulation. (d) Transmittal of original citation or complaint. In the event the processing of a citation or complaint is transferred to a more convenient county by agreement or stipulation, the issuing officer or clerk of the transmitting court shall have the responsibility of delivering the citation or complaint with the stipulation to the court to which the transfer is made so as to be received no later than the date upon which the party charged is to appear before such court. In the event the party charged appears before such court at the time agreed upon and set forth on the citation or complaint or in the stipulation, and the citation or complaint has not been delivered to the court, no action shall be taken upon the citation or complaint; but if the citation or complaint is later filed in any court, it may be dismissed by the court without requiring another appearance of the party charged. (e) Appearance by person charged. In the event a citation or complaint is transferred to a court other than in the county of violation, as authorized by this rule, upon appearance before the court the defendant may post bond, enter a plea of not guilty or enter a plea of guilty, all in accordance with the procedure of such court. The court shall thereupon process such citation or complaint in the same manner as citations or complaints for violations occurring within that county; except that if the defendant enters a plea of not guilty, the court shall indicate the plea of not guilty on the face of the citation or complaint, determine the amount of bail bond, if any, required of the person charged, and endorse on the citation or complaint the amount of the bond, and a time and place certain for the defendant to appear before a court in the county in which the violation is alleged to have occurred. The court accepting the plea of not guilty shall thereupon forward all copies of the citation or complaint, together with any bond money collected from the person charged, to the court in the county wherein the violation occurred. Thereafter, all further proceedings and jurisdiction for the proceeding and determination of the citation or complaint shall be in the court of the county wherein the violation is alleged to have occurred. (f) Failure to appear. If a citation or complaint has been transferred under the provisions of this rule and thereafter the party charged fails to appear before such court at the time and place specified in the endorsement on the citation or complaint or in the stipulation, then and in such event the court to which such transfer was made shall have the primary authority and jurisdiction to issue a citation or complaint for failure to appear, or a bench warrant if the defendant has previously appeared, as may be necessary to bring the party charged before such court for any entry of plea to the citation or complaint. (g) Distribution of fines, costs and forfeitures. The fines, forfeitures and costs imposed by the court to which a citation or complaint was transferred shall be remitted to the auditor of such county in which such judgment was rendered or the forfeiture was made, and shall be distributed by said auditor as follows: All costs are to be retained by the county in which the judgment was rendered or the forfeiture was made, to be apportioned as provided by law. All fines and forfeitures shall be remitted to the auditor of the county in which the violation occurred to be apportioned as provided in section 19-4705, Idaho Code. When that portion of the fines and forfeitures is remitted to the county auditor of the county in which the violation occurred, it shall be accompanied by copies of the citation or complaint and judgment of conviction or forfeiture. Provided, any fines, forfeitures or costs assessed by the court of the county to which the citation or complaint was transferred for failure of the party charged to appear before the court at the time agreed, shall not be transmitted to the county in which the violation occurred, but shall be processed by the county enforcing the failure to appear in the same manner as an original citation or complaint. (h) Jurisdiction upon re-transfer. In the event a citation or complaint is re-transferred to the county wherein the alleged violation occurred by reason of a plea of not guilty by the party charged, then such citation or complaint is hereby assigned to the magistrates division of the district court of the county wherein the violation is alleged to have occurred. This rule shall not, however, prevent a change of venue pursuant to law or rule, nor shall it prohibit a change of venue by stipulation of all parties with the approval of all courts involved. (a) Jurisdiction. Every magistrate in the state of Idaho is hereby assigned and granted the authority and jurisdiction to hear, process and determine, pursuant to judicial district rule of assignment, any citable offense alleged to have occurred within the state of Idaho, subject to the provisions of this rule. (b) Primary jurisdiction and venue. All citable offenses shall be heard, processed and determined by a magistrate or judge in the county in which such violation is alleged to have occurred, except that citable offenses may be heard, processed and determined by the magistrates division of the district court of the county to which such alleged violation is assigned or transferred under this rule. (c) Transfer of misdemeanor citation or complaint to convenient county. (1) Transfer of citation by issuing officer. At the time of issuance of a citation or complaint, the person charged and the officer issuing the citation or complaint may mutually agree that the citation or complaint may be processed by a court in a more convenient county than the county in which the alleged violation occurred. In case of such agreement, the officer shall indicate upon the face of the citation or complaint the county and court before which the person charged must appear at a time certain, which date shall be not less than seven (7) nor more than twenty-one (21) days after the date of issuance of the citation or complaint. The signatures of the officer and the party charged upon the citation or complaint shall be deemed consent to such transfer of the citation or complaint. At the time of the issuance of a citation or complaint, the officer shall discuss with the party charged as to which county would be most convenient for processing the citation or complaint. It is the intent of these rules to allow transfers except in extraordinary circumstances. (2) Transfer of citation or complaint by stipulation. At any time prior to the entry of a guilty plea, the parties may file a written stipulation to transfer the citation or complaint to a more convenient county. The stipulation must state the appearance date for the defendant in the more convenient county, which must be not less than fourteen (14) days after execution of the stipulation. (d) Transmittal of original citation or complaint. In the event the processing of a citation or complaint is transferred to a more convenient county by agreement or stipulation, the issuing officer or clerk of the transmitting court shall have the responsibility of delivering the citation or complaint with the stipulation to the court to which the transfer is made so as to be received no later than the date upon which the party charged is to appear before such court. In the event the party charged appears before such court at the time agreed upon and set forth on the citation or complaint or in the stipulation, and the citation or complaint has not been delivered to the court, no action shall be taken upon the citation or complaint; but if the citation or complaint is later filed in any court, it may be dismissed by the court without requiring another appearance of the party charged. (e) Appearance by person charged. In the event a citation or complaint is transferred to a court other than in the county of violation, as authorized by this rule, upon appearance before the court the defendant may post bond, enter a plea of not guilty or enter a plea of guilty, all in accordance with the procedure of such court. The court shall thereupon process such citation or complaint in the same manner as citations or complaints for violations occurring within that county; except that if the defendant enters a plea of not guilty, the court shall indicate the plea of not guilty on the face of the citation or complaint, determine the amount of bail bond, if any, required of the person charged, and endorse on the citation or complaint the amount of the bond, and a time and place certain for the defendant to appear before a court in the county in which the violation is alleged to have occurred. The court accepting the plea of not guilty shall thereupon forward all copies of the citation or complaint, together with any bond money collected from the person charged, to the court in the county wherein the violation occurred. Thereafter, all further proceedings and jurisdiction for the proceeding and determination of the citation or complaint shall be in the court of the county wherein the violation is alleged to have occurred. (f) Failure to appear. If a citation or complaint has been transferred under the provisions of this rule and thereafter the party charged fails to appear before such court at the time and place specified in the endorsement on the citation or complaint or in the stipulation, then and in such event the court to which such transfer was made shall have the primary authority and jurisdiction to issue a citation or complaint for failure to appear, or a bench warrant if the defendant has previously appeared, as may be necessary to bring the party charged before such court for any entry of plea to the citation or complaint. (g) Distribution of fines, costs and forfeitures. The fines, forfeitures and costs imposed by the court to which a citation or complaint was transferred shall be remitted to the auditor of such county in which such judgment was rendered or the forfeiture was made, and shall be distributed by said auditor as follows: All costs are to be retained by the county in which the judgment was rendered or the forfeiture was made, to be apportioned as provided by law. All fines and forfeitures shall be remitted to the auditor of the county in which the violation occurred to be apportioned as provided in section 19-4705, Idaho Code. When that portion of the fines and forfeitures is remitted to the county auditor of the county in which the violation occurred, it shall be accompanied by copies of the citation or complaint and judgment of conviction or forfeiture. Provided, any fines, forfeitures or costs assessed by the court of the county to which the citation or complaint was transferred for failure of the party charged to appear before the court at the time agreed, shall not be transmitted to the county in which the violation occurred, but shall be processed by the county enforcing the failure to appear in the same manner as an original citation or complaint. (h) Jurisdiction upon re-transfer. In the event a citation or complaint is re-transferred to the county wherein the alleged violation occurred by reason of a plea of not guilty by the party charged, then such citation or complaint is hereby assigned to the magistrates division of the district court of the county wherein the violation is alleged to have occurred. This rule shall not, however, prevent a change of venue pursuant to law or rule, nor shall it prohibit a change of venue by stipulation of all parties with the approval of all courts involved. (a) Jurisdiction. Every magistrate in the state of Idaho is hereby assigned and granted the authority and jurisdiction to hear, process and determine, pursuant to judicial district rule of assignment, any citable offense alleged to have occurred within the state of Idaho, subject to the provisions of this rule. (b) Primary jurisdiction and venue. All citable offenses shall be heard, processed and determined by a magistrate or judge in the county in which such violation is alleged to have occurred, except that citable offenses may be heard, processed and determined by the magistrates division of the district court of the county to which such alleged violation is assigned or transferred under this rule. (c) Transfer of misdemeanor citation or complaint to convenient county. (1) Transfer of citation by issuing officer. At the time of issuance of a citation or complaint, the person charged and the officer issuing the citation or complaint may mutually agree that the citation or complaint may be processed by a court in a more convenient county than the county in which the alleged violation occurred. In case of such agreement, the officer shall indicate upon the face of the citation or complaint the county and court before which the person charged must appear at a time certain, which date shall be not less than seven (7) nor more than twenty-one (21) days after the date of issuance of the citation or complaint. The signatures of the officer and the party charged upon the citation or complaint shall be deemed consent to such transfer of the citation or complaint. At the time of the issuance of a citation or complaint, the officer shall discuss with the party charged as to which county would be most convenient for processing the citation or complaint. It is the intent of these rules to allow transfers except in extraordinary circumstances. (2) Transfer of citation or complaint by stipulation. At any time prior to the entry of a guilty plea, the parties may file a written stipulation to transfer the citation or complaint to a more convenient county. The stipulation must state the appearance date for the defendant in the more convenient county, which must be not less than fourteen (14) days after execution of the stipulation. (d) Transmittal of original citation or complaint. In the event the processing of a citation or complaint is transferred to a more convenient county by agreement or stipulation, the issuing officer or clerk of the transmitting court shall have the responsibility of delivering the citation or complaint with the stipulation to the court to which the transfer is made so as to be received no later than the date upon which the party charged is to appear before such court. In the event the party charged appears before such court at the time agreed upon and set forth on the citation or complaint or in the stipulation, and the citation or complaint has not been delivered to the court, no action shall be taken upon the citation or complaint; but if the citation or complaint is later filed in any court, it may be dismissed by the court without requiring another appearance of the party charged. (e) Appearance by person charged. In the event a citation or complaint is transferred to a court other than in the county of violation, as authorized by this rule, upon appearance before the court the defendant may post bond, enter a plea of not guilty or enter a plea of guilty, all in accordance with the procedure of such court. The court shall thereupon process such citation or complaint in the same manner as citations or complaints for violations occurring within that county; except that if the defendant enters a plea of not guilty, the court shall indicate the plea of not guilty on the face of the citation or complaint, determine the amount of bail bond, if any, required of the person charged, and endorse on the citation or complaint the amount of the bond, and a time and place certain for the defendant to appear before a court in the county in which the violation is alleged to have occurred. The court accepting the plea of not guilty shall thereupon forward all copies of the citation or complaint, together with any bond money collected from the person charged, to the court in the county wherein the violation occurred. Thereafter, all further proceedings and jurisdiction for the proceeding and determination of the citation or complaint shall be in the court of the county wherein the violation is alleged to have occurred. (f) Failure to appear. If a citation or complaint has been transferred under the provisions of this rule and thereafter the party charged fails to appear before such court at the time and place specified in the endorsement on the citation or complaint or in the stipulation, then and in such event the court to which such transfer was made shall have the primary authority and jurisdiction to issue a citation or complaint for failure to appear, or a bench warrant if the defendant has previously appeared, as may be necessary to bring the party charged before such court for any entry of plea to the citation or complaint. (g) Distribution of fines, costs and forfeitures. The fines, forfeitures and costs imposed by the court to which a citation or complaint was transferred shall be remitted to the auditor of such county in which such judgment was rendered or the forfeiture was made, and shall be distributed by said auditor as follows: All costs are to be retained by the county in which the judgment was rendered or the forfeiture was made, to be apportioned as provided by law. All fines and forfeitures shall be remitted to the auditor of the county in which the violation occurred to be apportioned as provided in section 19-4705, Idaho Code. When that portion of the fines and forfeitures is remitted to the county auditor of the county in which the violation occurred, it shall be accompanied by copies of the citation or complaint and judgment of conviction or forfeiture. Provided, any fines, forfeitures or costs assessed by the court of the county to which the citation or complaint was transferred for failure of the party charged to appear before the court at the time agreed, shall not be transmitted to the county in which the violation occurred, but shall be processed by the county enforcing the failure to appear in the same manner as an original citation or complaint. (h) Jurisdiction upon re-transfer. In the event a citation or complaint is re-transferred to the county wherein the alleged violation occurred by reason of a plea of not guilty by the party charged, then such citation or complaint is hereby assigned to the magistrates division of the district court of the county wherein the violation is alleged to have occurred. This rule shall not, however, prevent a change of venue pursuant to law or rule, nor shall it prohibit a change of venue by stipulation of all parties with the approval of all courts involved.
Revenue flow
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Idaho I.I.R. Rule 13 Method of payment of penalty and costs
The fixed penalty and court costs for an infraction offense may be paid by cash, money order, personal check, or cashier's check payable to the clerk of the court, or
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by major credit card or debit card where procedures for accepting such cards are available. Any employee, deputy, official or agent of any court or any district court clerk accepting a personal check under this rule shall not in any case be liable for the payment or reimbursement of the funds represented by such personal check in the event it is dishonored.
Enforcement
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Idaho I.C.R. Rule 33(g) Sentence and Judgment
Waiver of fees and costs. (1) A person who has been sentenced by the court following a plea of guilty or finding of guilt may have his or her
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probation revoked or be found to be in contempt for failure to pay a fine, fee, or costs only if the court finds that the person has willfully refused to make such payment, or has failed to make sufficient bona fide efforts to legally acquire the resources to make such payment.(2) A fee or cost imposed by statute on persons who plead guilty to or are found guilty of any offense may be waived in whole or part be the court only when there is a specific provision in statute allowing for the waiver of such fee or cost. (3) A court may waive all or part of a fee or costs imposed by statute only upon making findings in writing or on the record that each statutory standard for the waiver of such fee or costs has been satisfied. If the court decides to waive such fee or costs in whole or in part, the court shall make such determination with regard to each offense on which the defendant is or has been sentenced, and shall determine whether such fee or costs shall be waived in whole or in part.
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Idaho I.I.R. Rule 9 Judgment - Fixed Penalty Plus Court Costs for Infractions - Withheld Judgment and Suspended Penalties Prohibited - Deferred Payment Agreements
(a) Entry of Judgment. Upon, (1) the entry of an admission to an infraction citation or complaint in person or by mail under Rule 6(a) or, (2) the payment of
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the total amount, which includes fixed penalty and court costs, by the defendant, or, (3) a finding by the court upon trial that the defendant committed the infraction offense, or, (4) a failure of the defendant to appear in court or before the clerk as provided in Rule 8, the court shall enter judgment against the defendant for the infraction which shall order the defendant to pay the fixed penalty and court costs provided in this rule. (b) Fixed Penalty and Costs for Infraction. The entry of a judgment for an infraction under this rule shall order the defendant to pay a dollar amount for a fixed penalty and court costs in the following amounts: https://isc.idaho.gov/rules/Infraction_Fee_Schedule_08.15.16.pdf (c) Consolidation of Multiple Offenses in Assessing Court Costs. The court may consolidate multiple non-moving or parking infractions into one offense for the purpose of assessing court costs under I.C §31-3201A(c), together with the fixed penalty portion of the penalty for each infraction. (d) Withheld Judgments or Suspended Penalties Prohibited. No court shall have the power to withhold judgment nor to suspend any part of a judgment for a fixed penalty and costs prescribed under this rule. (e) Deferred Payment Agreement. After the entry of a judgment for an infraction, the court, or the clerk within the guidelines set by the court, may enter into an agreement with the defendant for the deferred payment of the fixed penalty plus court costs. Such agreement shall be signed by the defendant and the court, or the clerk on behalf of the court, and shall state in bold letters that failure of the defendant to make the payments when agreed will result in the suspension of the defendant's driver's license as provided in Rule 10. Subsequent extensions of time to pay a fixed penalty plus court costs may be granted by the execution of a new agreement by the defendant and the court or the clerk. (f) Form of Agreement. A deferred payment agreement under this rule shall be substantially the following form: Click here for form. (g) Discharge of Judgment. If, after entry of a judgment for the payment of a penalty, court costs or payment of money to any person or entity, the court determines that the unpaid portion of the judgment is not reasonably collectible for any reason, the court may enter an order discharging the judgment and close the file. A discharge of a judgment on a citation may be entered by endorsing the word "discharged" on the face of the citation together with the date and the signature of the court. Such discharge may be signed and entered by the clerk at the direction of the court. The entry of a discharge of judgment shall not affect the judgment other than to satisfy the duty to pay the balance of the penalty, court costs and the payment of money to any person or entity; provided, such discharge does not satisfy the duty of the defendant to pay victim's restitution ordered pursuant to Chapter 53 of Title 19, Idaho Code, nor prevent the victim from enforcing the order by execution pursuant to section 19-5305, Idaho Code.
Enforcement
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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.
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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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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