Appeals may be docketed without payment of the docket fee if a motion for leave to proceed in forma pauperis has been granted pursuant to the provisions of Rule 24(a).
In regard to proceedings other than appeals, if a party desires to proceed in forma pauperis but no provision has been made for that party to so proceed, the party shall file with the appellate court a motion for leave to proceed in forma pauperis. That motion shall correspond to the motion prescribed in Form 15 and shall be accompanied by an affidavit corresponding to that prescribed in Form 15 (and that affidavit shall include answers to the questions set out in Form 15 ).
The docket fees herein prescribed shall be in lieu of all other court costs in the particular proceeding before the appellate court, unless the court orders otherwise, and may be taxed as costs, as provided by Rule 35.
Upon receipt of the trial court clerk's transmittal of anappellant's notice of appeal, the clerk of the Court ofCriminal Appeals shall docket the appeal regardless of whetherthe transmittal is accompanied by the docket fee prescribedherein. After docketing an appeal in a case in which itappears that the docket fee is due, in whole or in part, orin a case in which the docket fee, in whole or in part, hasnot been paid within seven days following the electronicfiling of the notice of appeal, the clerk of the Court ofCriminal Appeals shall issue a deficiency notice advising theappellant that the appeal will be dismissed with prejudiceunless the appellant has, within the time prescribed in saiddeficiency notice, either paid the docket fee in full orsought leave to proceed on appeal in forma pauperis as authorized in Rule 24(a). If, within 14 days of the date ofissuance of the deficiency notice, the appellant has not paidthe docket fee in full or sought leave to proceed on appeal informa pauperis or otherwise shown that the docket fee isinapplicable, the appeal shall be dismissed with prejudice andmay not thereafter be reinstated except on motion for goodcause shown made within 14 days from the date of thecertificate of dismissal.
Ala. R. App. P. 35A
Committee Comments
Note from the reporter of decisions: The order amending Rule 35A, Alabama Rules of Appellate Procedure, effective October 1, 2009, is published in that volume of Alabama Reporter that contains Alabama cases from __ So. 3d.
Comment
The amendment of September 13, 1983, increased the docket fee in section (1) from $50.00 to conform with Act 83-744, § 18(b).
Court Comment to Amendment of October 1, 1984
The amendment of October 1, 1984, increased the amount of the docket fees in sections (2) and (3) - for petitions for mandamus, prohibition, or other extraordinary writs, and for petitions for certiorari to the court of civil appeals - from $25.00 to $50.00. That amendment also added section (4) to require a $50.00 docket fee for the filing of a petition for permission to appeal; to correspond with this new fee, the proviso was added to section (1). The effect is to require, in the case of a Rule 5 petition for permission to appeal, that half the regular docket fee be paid upon the filing of the petition, and that the other half be paid if the petition is granted.
Committee Comment Added Effective March 12, 1990.
Rule 35A applies to all parties unless otherwise provided by these rules or by law.
Note from the reporter of decisions: The order amending Rule 35A(b), effective March 1, 2004, is published in that volume of Alabama Reporter that contains Alabama cases from ___ So. 2d.
Court Comment to Amendments to Rule 35A(a)(1) and (b) Effective October 1, 2019
Rule 35A(a)(1) and (b) have been amended to require theappellant to pay the docket fee to the clerk of theappropriate appellate court within seven days of theelectronic filing of the notice of appeal. The timeliness ofthe payment of the docket fee is governed by the same rulesapplicable to the filing of other documents with the appellatecourts. This amendment is consistent with the amendments toRule 3(a), (d), and (e) and Rule 12(a).