EZRCP · New Jersey · Part 4 - Civil Practice · R. 2:7-1

R. 2:7-1. — Relief From Filing Fees

New Jersey · Part 4 - Civil Practice

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Rule text

a. Appeals from Trial Court Judgments and Orders. Except as otherwise provided by R. 2:7-4 and R. 2:7-5, a person who claims indigency and seeks relief from the payment of appellate filing fees may without fee file with the trial court a verified petition setting forth the facts relied upon, and the trial court, if satisfied of the facts of indigency, shall enter an order waiving such payment and shall forthwith transmit a copy thereof to the clerk to which the appeal is taken. If the trial court denies the application, it shall briefly state its reasons therefor, and the petition may be renewed within 20 days thereafter before the appellate court in accordance with R. 2:7-3.

b. Appeals from Agency Determinations. If the appeal is taken from the action of an administrative agency or officer, the verified petition shall be filed directly with the Appellate Division. If the Appellate Division denies the application, it shall briefly state its reasons therefor, and the petition may be renewed within 20 days thereafter before the Supreme Court in accordance with R. 2:7-3.

c. Representation by Rule 1:13-2 Entities. If an indigent party is represented by any person, society, or project enumerated in R. 1:13-2, all filing fees and deposits shall be waived by the appropriate clerk or clerks without the necessity of court order.

d. Timeliness. The appeal is timely if the filing of the verified petition to waive filing fees is made (1) to the trial court when the appeal is taken from a trial court order or judgment, or (2) to the Appellate Division, if the appeal is taken from an agency determination, within the period provided by R. 2:4-1. If the petition is made to the trial court, a copy of the submission must be included with the notice of appeal. If the petition is made to the Appellate Division, it must be filed simultaneously with the notice of appeal.

Notes

Note: Source - R.R. 1:2-7(a) (first and fourth sentences); amended July 24, 1978 to be effective September 11, 1978; amended July 13, 1994 to be effective September 1, 1994; caption amended, text amended and divided into paragraphs (a), (b), (c) and (d), and paragraph captions added August 5, 2022 to be effective September 1, 2022.