Rule 8.2 No Recommendation from Clerk of Court Required

If you want to file a case without paying court costs because you can't afford them, you need to submit an affidavit of poverty. This document explains your financial situation to the court. Under this rule, the clerk of court's office does not have to add its own opinion about whether you actually qualify as poor enough to skip these fees.

This means the court can't require the clerk's office to weigh in on your financial status before your affidavit gets considered. Only a formal change to these statewide court rules could add that kind of requirement back in. Local courts can't create their own rule demanding a recommendation from the clerk.

In practical terms, this protects people seeking fee waivers from extra red tape. Your affidavit of poverty can be reviewed on its own merits, without needing a stamp of approval from the clerk's office first.