Rule 60-8. Exemption from or Inapplicability of Electronic Filing; Payment of Fees

Parties seeking an exemption from the electronic filing requirements shall follow the procedures established by the office of the chief clerk of the appellate system and set forth in the Appellate E-filing Procedures and Technical Standards. When an exemption from electronic filing has been granted or if electronic filing requirements do not apply pursuant to Section 60-7 (d), papers shall be filed with the appellate clerk and must be accompanied by (1) a receipt showing that all required fees have been paid; or (2) a signed application for waiver of fees and the order of the trial court granting the fee waiver; or (3) certification that no fee is required. With the exception of any fees related to appeals in child protection matters and appeals from interlocutory orders as permitted by law, all appellate filing fees under this section may be paid to the clerk of any trial court in the state. In child protection matters and appeals from interlocutory orders as permitted by law, all fees under this section must be paid to the clerk of the original trial court or the clerk of the court to which the case was transferred.

Committee Notes

(Amended June 15, 2016, to take effect Aug. 1, 2016.) (Adopted Sept. 16, 2015, to take effect Jan. 1, 2016; amended June 15, 2016, to take effect Aug. 1, 2016.) COMMENTARY—January, 2016: Appellate filing fees must be paid to the trial court clerk if electronic filing requirements do not apply or if an e-filing exemption has been granted. When fees are paid to the trial court clerk, the filer will receive a receipt from the clerk indicating the name of the document, the trial court docket number and the amount paid. It is not necessary for the filer to present an appeal form to the trial court clerk for signature. The filer must then file the paper appeal form or appellate document and the receipt of payment, if required, with the appellate clerk. An appeal is not filed upon payment of the filing fee; instead, an appeal is filed when the appeal form has been timely filed with the office of the appellate clerk accompanied by receipt of payment or proof of waiver of fees.