Rule RAP 54 - Motions to Proceed in Forma Pauperis and Appoint Counsel(A)General.(1) To proceed in forma pauperis-meaning without payment of costs and fees, or with payment of partial costs and fees-in an action governed by these rules, a person must file a motion with an affidavit stating the reasons the person applying for relief is unable to pay the costs and fees required to file the action. The motion and affidavit must be filed in the court where the document initiating the action governed by these rules must be filed, at the same time the document initiating the action governed by these rules is filed, unless exempted by another provision of this rule.(2) Motions and responses filed in the Court of Appeals or in the Supreme Court under this rule must be filed in accordance with RAP 7.(3) In criminal actions governed by these rules in which a person is represented by a public defender, the payment of a filing fee shall not be required.(B)Criminal Actions.(1)Persons Represented by Public Defender.(a) A person represented by a public defender at the time of sentencing in a criminal case may proceed in forma pauperis on appeal without requiring further proof of a person's indigency, and the sentencing court must automatically enter an order permitting a person to proceed in forma pauperis on appeal, unless the sentencing court determines, after conducting a hearing, good cause exists that the represented person is no longer indigent.(b) The public defender may continue representation of a person on appeal without filing a motion to proceed in forma pauperis and without seeking reappointment at each stage of a proceeding governed by these rules, unless a court having jurisdiction over the action determines, after conducting a hearing, that the represented person is no longer indigent.(2)Persons Not Represented by Public Defender.(a) A person not represented by a public defender, including an inmate acting pro se, who wants to proceed in forma pauperis in a criminal action governed by these rules, must do so by filing a motion in compliance with paragraph (A) of this rule.(b) If a person is proceeding under paragraph (B)(2) of this rule, a motion in compliance with paragraph (A) must be filed each time a filing fee or cost is required and such a motion must be made at the same time a filing requiring a fee or cost is made.(C)Civil Actions.(1)Non-Inmate. A person who wants to proceed in forma pauperis in a civil proceeding governed by these rules, must file a motion in compliance with paragraph (A).(2)Inmate(a) A person, who is currently an inmate in a state or federally-operated facility, a county jail, or other facility of local government, and who wants to proceed in forma pauperis in a civil proceeding governed by these rules, must file a motion and affidavit in compliance with paragraph (A) and also include a certified copy of their inmate prison account statement showing the total deposits for the 6 months immediately preceding the filing of the motion to proceed in forma pauperis. If an inmate prison account statement for the preceding 6 months is not available, all inmate account records that are available shall be filed with the motion and affidavit.(b) An inmate who commences, intervenes, or joins an action or an appeal of a judgment in a civil action or proceeding, must pay, at a minimum, a $5.00 partial filing fee unless the court in which the motion is filed determines the inmate is unable to pay a fee or costs.(3)Motion required each time a filing fee or cost must be paid. At the same time a filing is made that requires a filing fee or cost, a person proceeding under paragraphs (C)(1) or (C)(2) of this rule must file a motion in compliance with RAP 54(A).(D)Appointment of Counsel.(1) If a party seeks appointed counsel on appeal, the party shall file a motion for appointment of counsel on appeal in a court having jurisdiction over the action.(2) A motion for appointment of counsel on appeal may be filed with the document that initiates an action under these rules. If the trial court denies the motion or if the party later seeks counsel on appeal, the motion may be filed with the appellate court.(3) If counsel is appointed, the court ruling on the motion may assess an amount to be paid for representation. The amount may be ordered to be paid in lump sum or installment payments. Failure to pay may result in civil collection proceedings, but will not affect the filing of the notice of appeal.Adopted by order 2022-49, eff. 1/1/2023.