Rule 18 Appeals by Indigent Persons

(a) Parties Previously Permitted to Proceed as Indigent Persons in the Trial Court. A party who has been permitted to proceed in an action in the trial court as an indigent person (which includes a person who has been permitted to proceed there as one who is financially unable to obtain adequate defense in a criminal case) may proceed on appeal as an indigent person unless, before or after the appeal is taken, the trial court finds the party is not entitled so to proceed, in which event the trial court shall state in writing the reasons for such finding.

(b) Leave to Proceed as an Indigent Person on Appeal. Except as provided in (a), a party to an action in the trial court who desires to proceed as an indigent person on appeal shall seek leave so to proceed in the trial court. If leave to proceed as an indigent person is granted, the party may proceed without further application in the appellate court and without prepayment of fees or costs in either court or the giving of security therefor. If leave is denied, the trial court shall state in writing the reasons for the denial.

(c) Subsequent Proceedings on Denial of Leave to Proceed as an Indigent Person. If leave to proceed as an indigent person is denied, or the trial court finds that the party is not entitled so to proceed, the clerk of the trial court shall forthwith serve notice of such action. A motion for leave to proceed as an indigent person may be filed in the appellate court within 30 days after service of notice of the action of the trial court. The motion shall be accompanied by copies of the papers filed in the trial court seeking leave to proceed as an indigent person and by a copy of the statement of reasons given by the trial court for its action.

(d) Motion in an Appellate Court for Leave to Proceed as an Indigent Person on Appeal. If a party to an action on appeal is unable to bear the expenses of the appeal due to poverty, but that party has not sought leave from the trial court to proceed on appeal as an indigent person, or that party becomes indigent during the appeal, the party may seek leave from the appellate court to proceed on appeal as an indigent person. A motion for leave to proceed on appeal as an indigent person filed in the appellate court shall be accompanied by a Uniform Affidavit of Indigency as set forth in Supreme Court Rule 13 (criminal cases) or by a Uniform Civil Affidavit of Indigency as set forth in Supreme Court Rule 29 (civil cases). If leave to proceed as an indigent person is denied by an intermediate appellate court, the appellate court shall state in writing the reasons for the denial.

(e) Subsequent Proceedings on Denial by an Intermediate Appellate Court of Leave to Proceed as an Indigent Person on Appeal. If leave to proceed as an indigent person is denied by an intermediate appellate court, or an intermediate appellate court finds that the party is not entitled so to proceed, the clerk of the appellate courts shall forthwith serve notice of such action. A motion for leave to proceed as an indigent person may thereafter be filed in the Supreme Court within 15 days after service of notice of the action of the intermediate appellate court. The motion shall be accompanied by copies of any papers filed in the trial and appellate courts seeking leave to proceed as an indigent person and by a copy of the statement of reasons given by the trial and intermediate appellate courts for their actions.

(f) Appointment of Counsel in Criminal Actions. In a criminal action, on overruling a motion for a new trial or in arrest of judgment, whichever is later, the trial court shall advise the defendant and appoint counsel on appeal as provided in rule 37(c) of the Tennessee Rules of Criminal Procedure.