District/Municipal Courts Rules for Appellate Division Appeals

District/Municipal Courts Rules for Appellate Division Appeals Rule 12: Proceeding in forma pauperis

Courts: Boston Municipal Court
District Court
Effective Date: 07/01/1994

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(a) Leave to proceed on appeal in forma pauperis from Trial Court to Appellate Division

The trial court, in accordance with the relevant statutory procedures, may authorize an appeal to be prosecuted in forma pauperis.

(b) Form of briefs, appendices and other papers

Parties allowed to proceed in forma pauperis may file briefs, appendices and other papers in typewritten form, and may request that the appeal be heard on the original papers and exhibits on file without the necessity of reproducing parts thereof in any form.

Commentary

This rule departs from Mass. R.A.P. 12 by making reference to relevant statutory requirements and by deleting a general reference to "cause shown" and "reasonable notice." Waiver of fees and costs on the basis of indigency is not a matter of the court's discretion but rather is governed by detailed procedures in G.L. c. 261, ss. 27A-27G. That statute defines "indigency," and permits waiver (or state payment) depending on the nature of the fee or cost involved. A specific form of affidavit of indigency is also required.

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