The Maryland Request for Waiver of Prepaid Appellate Costs is a form used to request an exemption from paying the costs associated with filing an appeal in the state of Maryland. This form must be filed with the Clerk of the Court of Special Appeals in the county where the appeal is being filed. It is sometimes referred to as a "fee waiver request" or "cost waiver request" form. The Maryland Request for Waiver of Prepaid Appellate Costs is available for both civil and criminal cases. The form requires information such as the case number, the name of the court, the name of the appellant, and other information. The form must be accompanied by a financial statement that details the appellant's income, assets, and liabilities. There are two types of Maryland Request for Waiver of Prepaid Appellate Costs: the "Full Waiver Request" and the "Partial Waiver Request". The Full Waiver Request is used to request a total exemption from paying the costs associated with filing an appeal. The Partial Waiver Request is used to request an exemption from paying a portion of the costs associated with filing an appeal. The court may deny a Partial Waiver Request if it finds that the appellant has the financial means to pay the full amount of the appellate costs. Once a Maryland Request for Waiver of Prepaid Appellate Costs is filed, the court will review it and make a decision whether to grant or deny the waiver request. The court's decision is usually based on the financial information provided in the form.
Maryland Request for Waiver of Prepaid Appellate Costs
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(a) Generally. Service upon the attorney or upon a party shall be made by delivery of a copy or by mailing it to the address most recently stated in a pleading or paper filed by the attorney or party, or if not stated, to the last known address.
Rule 1-351 (b) the moving party has certified in writing that all parties who will be affected have been given notice of the time and place of presentation of the application to the court or that specified efforts commensurate with the circumstances have been made to give notice.
(1) File a motion in the District Court where the case was (Use form DC-002) You can file a motion to "alter or amend" the judgment in writing within ten (10) days after the date of the judgment. If the court denies your request, you can still file an appeal within 30 days from the denial.
If you do not pay the fee as required, your case will be considered to have been withdrawn and no further action will be taken by the court.
The clerk shall not accept for filing any pleading or other paper requiring service, other than an original pleading, unless it is accompanied by an admission or waiver of service or a signed certificate showing the date and manner of making service. A certificate of service is prima facie proof of service.
Most cases decided in a circuit court may be appealed to the Appellate Court of Maryland.
Rule 1-311 - Signing of Pleadings and Other Papers (a) Requirement. Every pleading and paper of a party represented by an attorney shall be signed by at least one attorney who has been admitted to practice law in this State and who complies with Rule 1-312.
Rule 1-325 - Waiver of Costs Due to Indigence-Generally (a) Scope. This Rule applies only to (1) original civil actions in a circuit court or the District Court and (2) requests for relief that are civil in nature filed in a criminal action.