39 Rule 3 In Forma Pauperis Procedure

(a) Affidavit. Any party to whom Rule 16.3 applies who has not already been found eligible to proceed in forma pauperis pursuant to V.R.C.P. 3.1(b) may seek a determination that he or she satisfies the income guidelines established by subdivision (b) of this rule by filing an application for leave to proceed in forma pauperis as provided in V.R.C.P. 3.1(a). The clerk or the clerk’s designee will review the application and proceed as provided in V.R.C.P. 3.1(b)(1). The decision of the clerk or the clerk’s designee may be review as provided in V.R.C.P. 3.1(b)(3).

(b) Income Guidelines.

(1) If the clerk or the clerk’s designee has previously determined that a party is eligible to proceed in forma pauperis pursuant to V.R.C.P. 3.1(b)(1), or on application determines that the party satisfies the requirements of that paragraph, the party must pay $10.00 as a share of the neutral’s fee. The party will not be required to pay any share of the neutral’s expenses.

(2) Any other party must pay the share of the neutral’s fee and expenses required under V.R.C.P. 16.3(e)(1)(B).

(c) Alternative Dispute Resolution Proceedings by Stipulation. If a party is entitled to proceed in forma pauperis in an alternative dispute resolution proceeding under V.R.C.P. 16.3(c), all other parties must pay their appropriate share of the neutral’s fee and expenses as provided in V.R.C.P. 16.3(e)(1). A neutral who accepts referral in that proceeding will be paid a fee of $50.00 per hour up to a maximum of 10 hours for each in forma pauperis party. The Court Administrator will pay the difference between that amount and the share of the fees required to be paid by the party pursuant to Rule 3(b) and will reimburse to the neutral any portion of the expenses listed in Rule 1(d) that is not paid by the other parties.

(d) Preliminary Evaluation Proceedings. If a party is entitled to proceed in forma pauperis in a preliminary evaluation under V.R.C.P. 16.3(d), all other parties must pay their appropriate share of the preliminary evaluator’s fee and expenses as provided in V.R.C.P. 16.3(e)(1). The Court Administrator will pay the difference between the in forma pauperis party’s share of the fee under that rule and the amount required to be paid by that party pursuant to Rule 3(b) and will reimburse to the evaluator any portion of the expenses listed in Rule 1(d) that is not paid by the other parties.