Local Rule LR 3.02: FILING FEES

LR 3.02 – FILING FEES

(a) Clerk to Require. The Clerk may require advance payment of fees before any civil action or other proceeding is initiated (other than those authorized to be brought in forma pauperis).

(b) When Fee Not Included. When a pleading is electronically filed or received for filing and is unaccompanied by either the required filing fee or an application to proceed in forma pauperis, or is accompanied by an application to proceed in forma pauperis that has not been acted upon by the Court, the Clerk shall issue a notice of deficiency instructing counsel or the party who submitted the pleading of the requirement for either payment of the filing fee or an order granting an application to proceed in forma pauperis.

(c) In Forma Pauperis. In all cases in which the plaintiff or defendant has been allowed to proceed in this Court in forma pauperis, the party must, upon filing a notice of appeal, also file a new affidavit of poverty. In all proceedings brought pursuant to 28 U.S.C. § 2254 and 28 U.S.C. § 2255 and in all proceedings brought pursuant to 42 U.S.C. § 1983 by an inmate of a penal institution, the affidavit of poverty must be on forms supplied by the Clerk of the Court and approved by this Court. The Clerk may accept for filing a noncompliant affidavit, but the Clerk or the Court may require the refiling of the affidavit in the approved format.