Originally from:
Handbook On the Rules Of Civil Procedure For West Virginia Magistrate Courts - Hardcover Version
Handbook On The Rules Of Civil Procedure For West Virginia Magistrate Courts - PDF Version
About the Book:
(a) Filing of Affidavit of Indigency. A person seeking waiver of fees, costs, or
security, pursuant to Chapter 59, Article 2, Section 1 of the Code of West Virginia,
shall execute before the clerk or a deputy an affidavit prescribed by the chief justice
of the supreme court of appeals, which shall be kept confidential in domestic
violence proceedings. An additional affidavit of indigency shall be filed whenever
the financial condition of the person no longer conforms to the financial guidelines
established by the chief justice of the supreme court of appeals for determining
indigency or whenever an order has been entered directing the filing of a new
affidavit.
(b) Review of Affidavit of Indigency. If it appears from the affidavit that the
person meets the financial guidelines, the clerk shall perform the service requested
in conjunction with the affidavit. If it subsequently appears to the assigned
magistrate that the person did not meet the financial guidelines, the magistrate shall
order the person to pay the required fees, costs, or security, or the magistrate may
order another appropriate remedy. If it appears from the affidavit that the person
does not meet the financial guidelines, the clerk shall inform the person that the
service will not be performed without the payment of the appropriate fees, costs, or
security, and that the person may request review of the clerk’s determination by a
magistrate. If the person requests review of the clerk’s determination, the clerk
shall immediately forward a copy of the affidavit to an on-duty magistrate. Upon
receipt of the affidavit, the magistrate shall, within 7 days, either approve the
affidavit, disapprove the affidavit, instruct the person to provide additional
information, or schedule an ex parte hearing to determine indigency.
(c) Effect of Filing. The filing of an affidavit of indigency shall be deemed to
toll any applicable statute of limitations or other time requirement. This rule does
not govern the appointment of counsel or the payment of attorney fees.
§ 22 Waiver of Fees and Costs
[1] General commentary
Rule 22 provides general procedures involving fees and costs for indigents. The
areas covered under the rule include: (1) filing affidavit of indigency, (2) review of
affidavit of indigency, and (3) effect of filing. The matters addressed by the rule are
discussed in the subsections that follow.1