§ Rule 54-II. Waiver of Costs, Fees, or Security
Rule 54-II. Waiver of Costs, Fees, or Security
(a) General.The court may waive the prepayment of costs, fees, or security or the payment of costs, fees, or security accruing during any action upon the presentation of Form 106A (Application to Proceed Without Prepayment of Costs, Fees, or Security and a finding that the party is unable to pay such costs, fees, or security without substantial hardship to the applicant or the applicant's family. The court shall not deny such an Application solely because the applicant is at or above the federal poverty guidelines. Such an Application may be submitted at any point in the proceedings. Unless the court orders otherwise, the Application need not be served on the other parties and will be resolved ex parte. When an Application is granted in whole or in part, a notation will be made on the record in said action.
(b) Public Benefits.If an applicant receives Temporary Assistance for Needy Families (TANF), General Assistance for Children (GAC), Program on Work, Employment and Responsibility (POWER), or Supplemental Security Income (SSI), the court must grant the Application without requiring additional information from the applicant.
(c) Health Care Benefits.Consistent with Form 106A, if an applicant receives Interim Disability Assistance (IDA), Medicaid, or the D.C. HealthCare Alliance, the court may grant the Application without requiring additional information from the applicant.
(d) Significant Costs.In determining whether to waive the prepayment of costs, fees, or security, the court must take into account the likelihood that the matter may entail significant costs to the litigant, such as the costs of e-filing.
(e) Merit of Underlying Action.The court may not refuse to waive costs, fees, or security based upon the perceived lack of merit of the underlying action.
(f) Dismiss Actions; Enjoin Repeat Filers of Frivolous Matters.Nothing in this rule should be construed to limit the authority of courts to dismiss actions or to enjoin repeat filers of frivolous matters from filing future cases without prior approval of the court.
(g) Requiring Additional Information.If there is good cause to believe the information contained in Form 106A is inaccurate or misleading, or that the applicant has undergone a change of circumstances or submitted an incomplete Application, the court may require additional evidence in support of the request to waive prepayment of costs, fees, or security accruing during any action.
(h) Declaration.The Application must include the signed Declaration in Form 106A. Notarization is not required.
(i) Service of Process and Witness Fees.Where a request to proceed without prepayment of costs, fees, or security is granted, the officers of the court will issue and serve all process and perform all duties in such cases. Witnesses will be subpoenaed without prepayment of witness fees, and the same remedies will be available as are provided for by law in other cases.
(j) Ruling in Writing or on the Record.If the court denies the Application for a waiver of the prepayment of costs, fees, or security, the court must state its reason(s) for such ruling in writing or on the record in the presence of the applicant or his or her counsel.
(k) Motion for Free Transcripts.An applicant who has received a waiver of the prepayment of costs, fees, or security may file a motion requesting that free transcripts be prepared for appeal and explaining the basis for the motion. The court may not refuse to provide free transcripts unless the appeal is frivolous. In making this determination, the court must resolve doubt about the merits of the appeal in favor of the applicant. The court may order that only those portions of the trial proceedings necessary to resolution of the appeal be transcribed.