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Massachusetts District/Municipal Courts Appellate Division Appeals Rule 12: Proceeding in Forma Pauperis

[Disclaimer]

(a) Leave to Proceed on Appeal In Forma Pauperis From Trial Court to Appellate Division. The trial court, in accordance with the relevant statutory procedures, may authorize an appeal to be prosecuted in forma pauperis.

(b) Form of Briefs, Appendices and Other Papers. Parties allowed to proceed in forma pauperis may file briefs, appendices and other papers in typewritten form, and may request that the appeal be heard on the original papers and exhibits on file without the necessity of reproducing parts thereof in any form.

Effective July 1, 1994.

Commentary: This rule departs from Mass. R.A.P. 12 by making reference to relevant statutory requirements and by deleting a general reference to "cause shown" and "reasonable notice." Waiver of fees and costs on the basis of indigency is not a matter of the court's discretion but rather is governed by detailed procedures in G.L. c. 261, ss. 27A-27G. That statute defines "indigency," and permits waiver (or state payment) depending on the nature of the fee or cost involved. A specific form of affidavit of indigency is also required.