§ RULE 91 PROCEEDINGS FOR WAIVER OF PAYMENT OF FEES OR COSTS

Codes > Maine Revised Statutes > Rules of > XII General > RULE 91

RULE 91. PROCEEDINGS FOR WAIVER OF PAYMENT OF FEES OR COSTS

    (a)(1) Application. Any person who intends to (i) bring a civil action under these rules, (ii) file any motion requiring service under Rule 4, or (iii) file any motion requiring payment of any fee, may, without fee, file an application in the court in which such action or motion is to be brought, or such motion is to be filed asking for leave to proceed without payment of fees or costs. The reference to “motion” shall include jury requests or any other filing that requires payment of a fee in the trial court.

        (2) Affidavit. The application shall be accompanied by an affidavit of the plaintiff or moving party stating (i) the person's monthly income and necessary monthly expenses; (ii) that the person possesses no other source from which filing or service fees may reasonably be paid; (iii) if the person is receiving poverty-based public assistance income identify the government program and the nature and the duration of the assistance; and (iv) that the action is brought, or the motion is filed, in good faith. The affidavit shall be kept separate from the other papers in the case and kept confidential. The affidavit may be disclosed to any party to the action, but shall not be available for public inspection, except by order of the court.

        (3) Presumption of Inability to Pay. There shall be a presumption that a moving party is without sufficient funds to pay required fees or costs if the moving party's affidavit states that the person's income is derived from poverty-based public assistance programs.

    (b) Waiver of Complaint Filing Fee. An application for waiver of the filing fee shall be filed with the complaint. The action shall thereupon be entered upon the docket. If the court finds that the action is not frivolous and has been brought in good faith, and if the plaintiff is without sufficient funds to pay the filing fee, it shall order that the fee be waived. If the court denies the application, the action shall be dismissed without prejudice, unless within seven days after the denial the plaintiff pays the fee to the clerk.

    (c) Payment of Service Costs. An application for payment of service costs shall be filed with the complaint or motion. If the court finds that the action is brought, or the motion filed, in good faith and that the plaintiff or moving party is without sufficient funds to pay all or part of the costs incurred in making service of process, it shall order all or such part of those costs to be paid as an administrative expense of the Superior Court or the District Court as the case may be. The court shall pay cost for service of process only after the party seeking such payments certifies that it has attempted to accomplish service by agreement or by means that do not require payment of costs except for postage, and those efforts have not been successful in completing service.

    (d) Waiver of Motion Filing Fee. An application for waiver of a motion filing fee shall be filed with the motion unless an application for waiver of payment of fees or costs has previously been granted to the moving party. The motion shall thereupon be accepted for filing and entered upon the docket. If the court finds that (i) the motion is not frivolous and has been brought in good faith, and (ii) the moving party is without sufficient funds to pay the motion filing fee, it shall order that the fee be waived. If the court denies the application, the motion shall be dismissed without prejudice, unless within seven days after the denial the moving party pays the fee to the clerk.

    (e) Costs; Reimbursement. If the plaintiff or moving party prevails, any service costs paid under subdivision (c) of this rule may be taxed as costs against the opposing party in favor of the State, if the court finds that party is able to pay those costs. Before accepting a complaint or motion for filing with the fee waived or disbursing funds for service costs, the clerk shall cause the plaintiff or moving party to sign an agreement to repay the court for any fees or costs that have been waived or paid, if at any time during the pendency of the action the party becomes or is discovered to be financially able to repay those funds. The State Court Administrator is authorized to proceed by execution or action to recover for the appropriate court account all fees or costs which any party becomes liable to pay or reimburse under this subdivision, if such payment or reimbursement is not made voluntarily upon demand.

    (f)(1) Appeal. A party seeking to appeal to the Superior Court or the Law Court may file or renew an application for leave to proceed without payment of fees or costs as provided in subdivision (a) of this rule. Subject to the requirements of subdivision (f)(2), if the court from which the appeal is taken finds that the appeal is brought in good faith and is not frivolous and that the applicant is without sufficient funds to pay all or part of the costs of filing the appeal, it shall order all or part of those costs to be waived. The court may enter such orders limiting the record on appeal as it deems appropriate. The provisions of subdivision (e) of this rule apply to proceedings under this subdivision.

        (2) Transcript or electronic recording. If the court (i) waives all or part of the costs of taking the appeal pursuant to subdivision (f)(1), and (ii) finds that a transcript or recording of all or a portion of any recorded hearing is necessary to support the appeal, the court shall ensure that a record of the hearing is made part of the record on appeal pursuant to M.R. App. P. 5 as follows:

            (A) In a child protection proceeding, involuntary commitment proceeding, proceeding for the appointment of a guardian for a minor, or proceeding to terminate parental rights as part of an adoption proceeding, the court shall order that a paper transcript be prepared at state expense;

            (B) In any other proceeding, the court shall not pay for a paper transcript.

                (i) If the proceeding was recorded electronically, the court may order that a copy of the recording of the hearing be provided at state expense in lieu of a transcript, or may direct the parties to prepare and submit for the court's approval a statement of the evidence in lieu of a transcript.

                (ii) If the hearing was recorded by a court reporter, the court shall direct the parties to prepare and submit for the court's approval a statement of the evidence in lieu of a transcript. If the parties cannot agree on a statement of the evidence to submit for court approval, the appellant shall serve a proposed statement on the appellee within 21 days after entry of judgment or 14 days after the filing of the notice of appeal, whichever occurs first. The appellee may file and serve objections or propose amendments thereto within 7 days after service. Thereupon the statement and any objections or proposed amendments shall be submitted to the court for settlement and approval and, as settled and approved, shall be included in the record on appeal.