Rule 22 - Waiver of fees and costs for indigents(a)Filing of affidavit of indigency. - 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, shall execute before the clerk or a deputy an affidavit prescribed by the chief justice of the supreme court of appeals, which shall be kept confidential in domestic violence proceedings. An additional affidavit of indigency shall be filed whenever the financial condition of the person no longer conforms to the financial guidelines established by the chief justice of the supreme court of appeals for determining indigency or whenever an order has been entered directing the filing of a new affidavit.(b)Review of affidavit of indigency.- If it appears from the affidavit that the person meets the financial guidelines, the clerk shall perform the service requested in conjunction with the affidavit. If it subsequently appears to the assigned magistrate that the person did not meet the financial guidelines, the magistrate shall order the person to pay the required fees, costs, or security, or the magistrate may order another appropriate remedy. If it appears from the affidavit that the person does not meet the financial guidelines, the clerk shall inform the person that the service will not be performed without the payment of the appropriate fees, costs, or security, and that the person may request review of the clerk's determination by a magistrate. If the person requests review of the clerk's determination, the clerk shall immediately forward a copy of the affidavit to an on-duty magistrate. Upon receipt of the affidavit, the magistrate shall, within 7 days, either approve the affidavit, disapprove the affidavit, instruct the person to provide additional information, or schedule an ex parte hearing to determine indigency.(c)Effect of filing. - The filing of an affidavit of indigency shall be deemed to toll any applicable statute of limitations or other time requirement. This rule does not govern the appointment of counsel or the payment of attorney fees.R. Civ. Proce. For. Magist. Ct. 22
Adopted by order entered July 21, 1993, effective 9/1/1993.