Supreme Judicial Court Rules Massachusetts Rules of Electronic Filing Rule 8: Payment of fees
Trial Court Law Libraries
Table of Contents
(a) Provider may charge fee for civil filings
The e-filing Provider may charge a fee per case for its services related to filings in civil cases, in an amount approved by the Supreme Judicial Court. The Provider fee shall be paid by the plaintiff, appellant or petitioner when a case is initiated by e-filing, unless the filing fee has been waived by the court. Regardless of whether a case is initiated by e-filing or by conventional methods, no Provider fee will be charged for any subsequent e-filing made by any party to the case. The Provider will provide for one or more methods of 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.
(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.