Rule 79a-4. Waiver of Fees, Costs and Security

(a) Any written application to the court for appointment of appellate counsel or the waiver of fees, costs and expenses must be personally signed by the indigent party under oath and include a financial affidavit reciting facts concerning the applicant's financial status. The judicial authority shall act without a hearing on the application. If the court is satisfied that the applicant is indigent and has a statutory right to the appointment of appellate counsel or a statutory right to appeal without payment of fees, costs and expenses, the court may without a hearing (1) waive payment by the applicant of fees specified by statute and of taxable costs, and (2) order that the necessary expenses of reviewing or prosecuting the appeal be paid by the Division of Public Defender Services in accordance with Section 79a-3 (c). If the court is not satisfied that the applicant is indigent and has a statutory right to the appointment of appellate counsel or a statutory right to appeal without payment of fees, costs and expenses, then an immediate hearing shall be scheduled for the application. If an application is untimely filed, the court may deny the application without hearing. The court may not consider the relative merits of a proposed appeal in acting upon an application pursuant to this section.

(b) The filing of the application for the appointment of appellate counsel or waiver of fees, costs and expenses will not extend the appeal period unless a judge has extended the time limit provided for filing an appeal pursuant to Section 79a2. A denial of the application may be addressed solely by motion for review under Section 66-6. See Section 79a-2 (c).

Committee Notes

amended July 23, 2020, to take effect Aug. 4, 2020.)