Supreme Judicial Court Rules

Electronic Filing Rules

Supreme Judicial Court Rules Massachusetts Rules of Electronic Filing Rule 8: Payment of fees

Adopted Date: 06/07/2018
Effective Date: 09/01/2018
Updates: Adopted June 7, 2018, effective September 1, 2018 (480 Mass. 1301)

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(a) Provider may charge fee for civil filings

The e-filing Provider may charge a fee per envelope for its services related to filings in civil cases, in an amount approved by the Supreme Judicial Court. The Provider will provide for one or more methods of electronic payment.

(b) Provider may charge fee for non-indigent criminal defendant filings

The e-filing Provider may charge a fee for its services related to filings in criminal cases only when counsel is not appointed pursuant to S.J.C. Rule 3:10 and the defendant is not indigent.

(c) Payments shall be made at time of filing

All applicable fees are due and payable at the time of e-filing unless waived by the court. Failure to timely pay a required fee may cause the document submitted to be refused by the clerk under Rule 4(d) or stricken by the court. The payment will be debited when the clerk accepts the document.

(d) Payments shall be transmitted through the e-filing system

Users shall make any payment due to the clerk through the e-filing system unless otherwise ordered by the court.

(e) Request to waive court fees

Where permitted by the court, Users may submit a motion for waiver of court fees accompanied by a separate affidavit of indigency through the e-filing system. If the court allows a waiver of a court fee, any related Provider fee shall also be waived.

(f) Request to waive provider fees

Upon request, the court shall waive a Provider fee upon a showing the filing party is indigent or is represented by court-appointed counsel. Upon request, the court may waive a Provider fee for multiple envelopes simultaneously submitted in the same case.

(g) Recoverable costs

The cost of any convenience fees and other administrative fees levied for the ability to pay fees or costs by credit card or other means, including, but not limited to,
Provider fees for electronic filing of documents or pleadings with the court, may be recovered pursuant to any applicable Massachusetts Court Rules and Orders.

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