| Effective Date: | 07/01/1994 |
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- This page, Rule 12: Proceeding in forma pauperis, is offered by
- District Court
- Trial Court Law Libraries
- Boston Municipal Court
- Massachusetts Court System
District/Municipal Courts Rules for Appellate Division Appeals
District/Municipal Courts Rules for Appellate Division Appeals Rule 12: Proceeding in forma pauperis
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Trial Court Law Libraries
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Email a reference librarian:
Email Trial Court Law Libraries at lawlibraries@jud.state.ma.us
Table of Contents
(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.
Contact
Online
Email a reference librarian:
Email Trial Court Law Libraries at lawlibraries@jud.state.ma.us