Filing Fee Waivers

New Cases | Appeals

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Can't Afford Court Filing Fees?
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Can’t Afford Appellate Costs?
 

Can't Afford to Pay Court Filing Fees?

You must “prepay” court filing fees up front, before the court can open your case. If you are unable to pay the court filing fees, you can ask the court to waive the court fees. Submit your request with the complaint or other documents you intend to file. The court will consider the MLSC Client Income Eligibility Guidelines in evaluating your request, although it is ultimately up to the court to decide whether or not to grant the waiver. The court may also consider other factors. If the court grants your request, the court will accept the filing and begin your case.

Note: If you are represented by a lawyer, please consult with your attorney. Different procedures apply if you are represented by a lawyer with one of Maryland’s civil legal aid organizations.

Follow these steps
  1. Prepare your complaint or other documents you need to file to start your case.
  2. Complete the Request for Waiver of Costs. Note: You must also submit a Notice Regarding Restricted Information (form MDJ-008). Read about the Notice of Restricted Information.
  3. On the form, check off what you would like the court to order. If you do not believe you can pre-pay the court fees up front, you can ask that the prepaid costs be waived. If you do not believe that you will be able to pay those fees at the end of the case, you can ask that open costs be waived. The court will decide on waivers for prepaid costs at the start of the case, and on waivers for open costs at the end of your case.
  4. File your documents, including the Request for Waiver of Costs, with the clerk’s office in the proper court. No fee is required at this time.
  5. The judge will review your request and decide whether or not to grant you a waiver of prepaid costs. A copy of the judge’s order will be mailed to you.
  6. If the request to waive prepaid costs is GRANTED, the clerk’s office will accept your filing and begin the case.
  7. If the request is DENIED, follow the instructions on the order to pay the fee so your case can begin. You have 10 days to pay the fee. If you do not pay the fee as required, your case will be considered to have been withdrawn and no further action will be taken by the court.

Final Waiver of Open Costs

An order at the start of your case to waive prepaid costs just removes the requirement that you pay the fees “up front.” You may be required to pay the court fees at the end of the case, unless the court requires the other party to pay those fees or waives your requirement to do so. If you requested the court to waive open costs at the end of your case, the court will make a decision on your request when your case is over. If you did not make that request at the start of your case, you can still submit a request for final waiver of open costs at the end of your case.

Follow these steps
  1. If you did not request a final waiver of open costs at the start of your case and want to request a final waiver at the end of your case, complete the Request for Final Waiver of Open Costs. Note: You must also submit a Notice Regarding Restricted Information (form MDJ-008). Read about the Notice of Restricted Information.
  2. Provide a copy of the request to the opposing party or that person’s lawyer.
  3. File the Request for Final Waiver of Open Costs with the clerk. If filing your request at the end of your case, you may be able to submit the request in open court on the day of your hearing.
  4. The judge will rule on your request and issue an order. If the ruling is not made in open court, a copy of the order will be mailed to you.

Even if you filed the request at the start of your case, the judge will not decide on your final waiver request until the end of the case.

Appeal Costs Waiver

If you choose to appeal your case and believe you cannot afford to pay the costs of filing for an appeal, you can request the requirement that these prepaid costs be waived as well. You must prepare two separate forms, both of which are submitted to the trial court when you note (file) your appeal. The forms you will use allow you to request both a pre-payment waiver and a final waiver at the same time.

  1. Complete the Request for Waiver of Costs for Assembling the Record for an Appeal.
  2. Complete the Request for Waiver of Appellate Costs.
  3. Complete a Notice Regarding Restricted Information (form MDJ-008) with BOTH request forms. Read about the Notice of Restricted Information.
  4. Submit BOTH waivers to the trial court – the court that heard your original case.
  5. The trial court will decide the first request, then send the paperwork to the court hearing the appeal. That court will decide the second request.
  6. A copy of both orders will be sent to you.
  7. If your request is denied, in whole or in part, you must pay the unwaived portion of the costs within 10 days of the date of the order.
  8. If your request for prepayment waiver is granted and you have not requested a final waiver of costs, you may owe fees at the end of your case. If you cannot afford the final costs, you can submit a separate request for final waiver of costs.

Note: The forms permit you to request a waiver of the costs of preparing the transcript, an essential part of the appeal process, in the District Court only. If your original case was heard in Circuit Court, the court cannot waive the transcript costs. You will need to pay for the costs of preparing the transcripts in those cases yourself, in order for your case to proceed.

Last Updated: January 2025