Local Rule 4.2: FEES

RULE 4.2 FEES

(a) Generally. Except as otherwise provided by law, the clerk and other officers and employees of the court shall not be required to perform any service for a party other than the United States for which a fee is lawfully prescribed, unless the amount of the fee, if it is known, or an amount sufficient to cover the fee reasonably expected by the officer to come due for performance of the service has been deposited with the court.

(b) Exceptions. This provision shall not apply to the United States or a party who is proceeding in forma pauperis, or in any other situation where, in the judgment of the officer entitled to a fee, it is unnecessary to ensure payment of the fee and would work hardship or an injustice.

(c) Requests to Proceed In Forma Pauperis. The clerk shall receive for filing all complaints and petitions accompanied by a request to proceed in forma pauperis, and shall note the date of filing. If the request is denied, the matter will be noted on the miscellaneous business docket. If the request is allowed, or the denial is reversed, the clerk shall file the complaint or petition on the civil docket. Requests to proceed in forma pauperis shall be accompanied by an affidavit containing details of the individual's financial status. (The recommended form is available without charge from the clerk's office.)

(d) Liability for Fees if Prevailing Party. In seamen's cases, or cases in which the plaintiff is granted leave to proceed in forma pauperis, the plaintiff remains liable for filing and other fees in the event he or she is the prevailing party at settlement or otherwise, and he or she collects a money judgment or any costs taxed by the court or clerk. These fees are payable forthwith upon collection of any sums from the defendant.

(e) Notices of Appeal. The clerk shall on request file notices of appeal whether or not accompanied by the required filing fee.

Effective September 1, 1990. [See Appendix A. Local Rule 4.2 Supplement].