Rule 24 - Waiver of Filing Fee and Service Costs(a)Waiver of Filing Fee and Service Costs.(1)Application in the Superior Court. (A) A party to an action in the superior court who desires to waive the filing fee and service costs on appeal must file an application in the superior court, including an affidavit that: (i) contains the information required by V.RC.P 3.1(a); (ii) claims an entitlement to redress; and (iii) states the issues that the party intends to present on appeal. (B) A party may proceed without further application to the Supreme Court and without prepayment of filing fees or service costs in either court or the giving of security, except as provided below, if the affidavit sets forth, and the superior court clerk finds, that: (i) the applicant receives any kind of public assistance or is a person whose gross income is at or below 150% of the poverty income guidelines for nonfarm families established under the Community Services Act of 1974; or(ii) the applicant is unable to pay either the filing fee or service costs without expending household income or liquid resources necessary for the maintenance of the applicant and all dependents,(C) If the superior court clerk denies the motion application, the applicant may appeal the denial to the presiding judge of the superior court in accordance with V.R.C.P. 3.1(b)(4). Tthe clerk must serve on the applicant notice of the denial and of the right to appeal. The notice must state the reasons for that denial in writing.(2)Prior Approval in Superior Court. Notwithstanding the provisions above, a party who was permitted to waive the filing fee and service costs in the superior court in accordance with V.RC.P. 3.1(b)(1)-(2), or who was determined to be financially unable to obtain an adequate defense in a criminal case, may proceed on appeal with the filing fee and service costs waived without further authorization, unless the superior court - before or after the notice of appeal is filed - certifies that the appeal is not taken in good faith or finds that the party is not otherwise entitled to waive the filing fee and service costs and states in writing its reasons for the certification or finding. (3)Notification. The superior court clerk must immediately notify the parties and the Supreme Court when the presiding judge of the superior court: (A) denies an application for waiver of the filing fee and service costs;(B) certifies that the appeal is not taken in good faith; or (C) finds that the party is not otherwise entitled to waive the filing fee and service costs.(4)Motion in Supreme Court. (A) The notification provided under paragraph (a)(3) must include the nature of, and the reasons for, the action of the presiding judge and the right of the applicant to move for review by the Supreme Court.(B) The applicant may file a motion in the Supreme Court to waive the filing fee and service costs within 30 days after service of the notice required by paragraph (a)(3). The motion must include a copy of the affidavit filed in the superior court and the court's statement of reasons for its action. If no affidavit was filed in the superior court, the applicant must include the affidavit prescribed by paragraph (a)(1). (b)Application To Waive the Filing Fee and Service Costs on Appeal or Review of a Probate Division or Administrative Agency Proceeding. When an appeal or review of a proceeding before the Probate Division, an administrative agency, board, commission, or officer proceeds directly in the Supreme Court, a party may file in the Supreme Court an application to waive the filing fee and service costs with the affidavit prescribed by subparagraph (a)(1)(A).(c) Transcript. If an appellant is permitted to waive the filing fee and service costs on appeal: (1) the state will pay the costs of preparing all or part of the transcript only when required by law;(2) the procedure of Rule 10(b) will be followed; and(3) any other parties who have been permitted to waive the filing fee and service costs on appeal may receive a copy of the transcript at the state's expense only if required by law.Amended Dec. 28, 1981, eff. 3/1/1982; 3/21/1996, eff. 3/21/1996; 10/19/1999, eff. 12/31/1999; 6/11/2013, eff. 9/3/2013; amended June 12, 2020, eff. 8/18/2020; amended July 13, 2021, eff. 8/17/2021.Reporter's Notes-2021 Amendment
Rule 24(c) is deleted. The subdivision formerly allowed parties who were approved to waive the filing fee to file documents in typewritten form and to request that the appeal be heard on the original record. These matters are now addressed elsewhere in the rules. The formatting requirements for all nonelectronically filed documents are now contained in Rule 32. As to reproduction of the record, as amended, Rule 30 requires a printed case in only a narrow category of cases and allows the requirement to be waived on motion or the Court's initiative.
Former paragraph (d) is renumbered (c).
Reporter's Notes-2020 Amendment
Rule 24 is amended for consistency with the simultaneous amendments to V.R.C.P. 3.1 and V.R.P.P. 3.1. See Reporter's Notes to amendment of V.R.C.P. 3.1.