Rule 3 Payment of Docket Fees.
Rule Text
(a) Payment of Docket Fees and Permission to Proceed In Forma Pauperis. All appeals, petitions for writ of mandamus, habeas corpus, or other extraordinary writs, and any other documents which initiate a new proceeding in the Supreme Court must be accompanied by the appropriate docket fee, deposited with the Clerk of the Supreme Court, unless permission to proceed in forma pauperis has been granted. If a proceeding is docketed without prepayment of the applicable docketing fee, the appellant shall pay the fee within 14 days after docketing. If the appellant fails to do so and has not filed a motion to proceed IFP accompanied by supporting documents, the Clerk of the Supreme Court is authorized to dismiss the appeal without further notice.
(b) In Forma Pauperis. A party to a civil or criminal appeal or other Supreme Court proceeding who desires to proceed in forma pauperis shall file a motion for leave so to proceed, together with an affidavit and other documentation (full financial disclosure), showing, in detail, the party's inability to pay fees and costs or to give security therefor, the party's belief that the party is entitled to redress, and a statement of the issues which that party intends to present on appeal. Motions to proceed IFP shall conform with 4 V.I.C. § 513 as well as Supreme Court Rule 210 and will be determined by the Supreme Court. If the motion is granted, the party may proceed without further application and without prepayment of fees or costs in either the Supreme Court or Superior Court or the giving of security therefor. If the motion is denied, the Supreme Court shall state in writing the reasons for the denial.
(c) In Forma Pauperis Status in Criminal Matters. In criminal matters, in forma pauperis status will continue on appeal if appellant has been permitted to proceed IFP by the Superior Court as one who is financially unable to obtain an adequate defense, although the Supreme Court may, consistent with Supreme Court Rule 210, inquire periodically as to whether the appellant continues to meet the requirements for IFP status. IFP status will not be continued if, before or after the notice of appeal is filed, the Superior Court certifies that the appeal is not taken in good faith or finds that the party is otherwise not entitled to continue to proceed in forma pauperis, in which event the Superior Court shall state in writing the reasons for such certification or finding. Supreme Court Rule 210 shall govern appointment of appellate counsel for criminal defendants who qualify for IFP status. IFP Status shall not automatically continue for original proceedings brought pursuant to Rules of Appellate Procedure 13 and 14 or any other civil matters.