Click here if printing does not begin immediately.
LR 4.2 Fees
(a) Collection in Advance. Statutory fees in connection with the institution or prosecution of any cause in this Court shall be collected in advance by the Clerk of Court and deposited and accounted for in accordance with directives of the Administrative Office of the United States Courts, except when, by order of the Court in a specific case, filing and proceeding in forma pauperis is permitted pursuant to 28 U.S.C. § 1915 or other applicable law.
Where a plaintiff seeks waiver of filing fees under in forma pauperis provisions, the plaintiff shall present the complaint and the motion for permission to proceed in forma pauperis to the Clerk. The Clerk shall file the complaint as if the filing fee had been paid, and shall submit the in forma pauperis motion to a Magistrate Judge or Judge. If permission to proceed in forma pauperis is later denied, the complaint shall be stricken.
(b) Citation for Non-Payment. If any costs or fees are due the Marshal or Clerk and remain unpaid after demand therefore, the Clerk or Marshal shall report such to the Court, and the Court may issue its citation directed to counsel for the party involved, or to the party in the absence of counsel, to show cause why such costs or fees should not then and there be paid.
(c) Refusal to File by Clerk. The Clerk may refuse to docket or file any suit or proceeding, writ or other process, or any paper or papers in any suit or proceeding until the fees of the Clerk are paid, except for in forma pauperis cases.
(d) Retaining Possession until Fees Are Paid. When the Marshal or any other officer of this Court has, or may have, in their possession any writ or other process, or other paper or papers upon or in relation to which the officer has made a service, or done any service for a party in any suit or proceeding, the officer shall be authorized to retain possession of such writ, process, paper or papers until all fees are paid.
[Adopted effective February 1, 1991]