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Conn. Practice Book § 79a-4

Waiver of Fees, Costs and Security

activein force · 2020-08-04 – presentact-effective-date

(a) Any written application to the court for

appointment of appellate counsel or the waiver

of fees, costs and expenses must be person -

ally signed by the indigent party under oath and

include a financial affidavit reciting facts concerning the applicant’s financial status. The judicial

authority shall act without a hearing on the application. If the court is satisfied that the applicant

is indigent and has a statutory right to the appointment of appellate counsel or a statutory right to

appeal without payment of fees, costs and

expenses, the court may without a hearing (1)

waive payment by the applicant of fees specified

by statute and of taxable costs, and (2) order that

the necessary expenses of reviewing or prosecuting the appeal be paid by the Division of Public

Defender Services in accordance with Section

79a-3 (c). If the court is not satisfied that the applicant is indigent and has a statutory right to the

appointment of appellate counsel or a statutory

right to appeal without payment of fees, costs and

expenses, then an immediate hearing shall be

scheduled for the application. If an application is

untimely filed, the court may deny the application

without hearing. The court may not consider the

relative merits of a proposed appeal in acting upon

an application pursuant to this section.

(b) The filing of the application for the appointment of appellate counsel or waiver of fees, costs

and expenses will not extend the appeal period

unless a judge has extended the time limit provided for filing an appeal pursuant to Section 79a-

2. A denial of the application may be addressed

solely by motion for review under Section 66-6.

See Section 79a-2 (c).

History

(Adopted Nov. 17, 2011, to take effect Feb. 1, 2012; amended July 23, 2020, to take effect Aug. 4, 2020.)

Provenance

Source
jud.ct.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
3efb3aa6197b29c9b85601301198a592c2ced3e0b91a7c26ed4d7bb0434259e6
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