Rule 54-II Waiver of Costs, Fees, or Security

(a) IN GENERAL. The court may waive the payment of costs, fees, or security relating to any action on the filing of the Application to Waive Court Costs and Fees form provided by the court. The application must be signed and sworn or affirmed in accordance with the declaration language on the form. Notarization is not required. Unless the court orders otherwise, the application need not be served on the other parties and will be resolved ex parte. When an application is approved (in whole or in part) or denied, a notation will be made in the docket.

(b) WAIVERS BY STATUTE. The court or the clerk must approve the application without requiring additional information from the applicant except as provided in Rule 54-II(g), if:

(1) Financial Assistance. The applicant receives financial assistance under a program listed in D.C. Code §§ 15-712(a)(1)(A) or -712(a)(1)(B);

(2) Monthly Income. The applicant’s monthly income does not exceed 200% of the federal poverty guidelines issued by the United States Department of Health and Human Services; or

(3) Applicants Receiving Free Legal Representation by Nonprofit Organizations. The applicant is represented free of charge by a legal services or other nonprofit organization whose primary purpose is to provide legal services to low-income clients, or a legal clinic operated by a law school located in the District of Columbia that provides legal services to low-income clients. For the purposes of this subsection, representation by a legal services or other nonprofit organization includes representation by pro bono counsel to whom the litigant has been referred by the organization. Counsel must include a certification that they are representing the litigant pro bono on referral from a legal services or other nonprofit organization whose primary purpose is to provide legal services to low-income clients.

(c) SUBSTANTIAL HARDSHIP WAIVER. If the applicant does not qualify for a waiver under Rule 54-II(b), the court may approve an application in whole or in part on a finding that the party is unable to pay costs, fees, or security without substantial hardship to the applicant or to the applicant’s dependent.

(d) SIGNIFICANT COSTS. In determining whether to waive the payment of costs, fees, or security, the court must take into account the likelihood that the matter may entail significant costs to the litigant, such as the costs of e-filing.

(e) MERIT OF UNDERLYING ACTION. In considering an application, the court must not consider the merit of the underlying action.

(f) DISMISSING ACTIONS; ENJOINING REPEAT FILERS OF FRIVOLOUS MATTERS. Nothing in this rule should be construed to limit the authority of courts to dismiss actions or to enjoin repeat filers of frivolous matters from filing future cases without prior approval of the court.

(g) REQUIRING ADDITIONAL INFORMATION.

(1) In General. The court may require additional evidence in support of the request to waive payment of costs, fees, or security accruing during any action if:

(A) an application is submitted pursuant to Rule 54-II(c);

(B) there is good cause to believe the information submitted by the litigant in support of the application is inaccurate or misleading; or

(C) the applicant has undergone a change in circumstances bearing on the merits of the application.

(2) Incomplete Application. An incomplete application will be returned to the applicant with notice to the applicant as to which information is missing. The applicant may resubmit a complete application without prejudice.

(h) TIMING. An application may be submitted at any point in the proceedings.

(1) Within 5 calendar days after receiving a completed application, the court must decide whether to approve the waiver, except that an application presented in open court must be decided immediately.

(2) If, within 5 calendar days after receiving a completed application, the court has not ruled on the application, the application will be deemed approved.

(3) The deadlines in Rule 54-II(h) do not apply where the court requires additional information under Rule 54-II(g).

(i) WITNESS FEES. Where an application to proceed without payment of costs, fees, or security is approved, witnesses will be subpoenaed without prepayment of witness fees, and the same remedies will be available as are provided for by law in other cases.

(j) RULING IN WRITING OR ON THE RECORD.

(1) Denial. If the court denies the application in whole or in part, the court must state its reason(s) for denial in writing or in court with the applicant present.

(2) Hearing. An applicant who is denied a waiver in whole or in part may request an ex parte hearing within 14 days to present additional evidence that the applicant is unable to proceed without substantial hardship to the applicant or the applicant’s dependent. A hearing under this rule must be held no later than 14 days after the court receives the hearing request.

(k) MOTION FOR FREE TRANSCRIPTS OR OTHER DOCUMENTS. An applicant who has received a waiver of the payment of costs, fees, or security may file a motion requesting that free transcripts or other documents be prepared and explaining the basis for the motion. The court must grant the motion for free transcripts or other documents unless the request is frivolous. In making this determination, the court must resolve doubt about the frivolousness of the request in favor of the applicant. The court may order that only those portions of the transcripts or other documents necessary to resolution of the suit, action, proceeding, or appeal be provided.

(l) CONFIDENTIALITY.

(1) In general. Notwithstanding Rule 5-III and Rule 5.2, the court must keep an application and any financial information submitted by the applicant pursuant to this rule confidential, except to the court, the litigant, persons authorized by the litigant, or by court order.

(2) On Motion.

(A) Any person seeking access to an application or financial information provided to the court by an applicant may file a motion, with notice given to the litigant who filed the application, supported by a declaration showing good cause for why the confidential information should be released to the movant.

(B) Any person granted access to an application or financial information under Rule 54-II(l)(2)(A) must not reveal any information contained in the application or financial information, except as otherwise authorized by law or court order.

(3) Decision not confidential. The court’s decision on an application for a waiver is not confidential.

(m) FILING FEE.

(1) In general. No fee will be assessed for filing an Application to Waive Court Costs and Fees.

(2) Additional information. No fee will be assessed for filing any additional information relating to an application, including information requested under Rule 54-II (c), (g) or (j)(2), unless the court has previously considered and denied an application by the applicant in the same suit, action, or proceeding.

(3) Simultaneous filings. No fee will be assessed for filing any motions or other documents simultaneously with an application, unless and until the court denies the application.

(4) Dismissal. If an application is denied in whole, the clerk will dismiss a case without prejudice or reject a filing, or both, unless the applicable filing fee is paid within 14 days of the denial.