D.C. Super. Ct. Civ. R. 54-II

(a) IN GENERAL. The court may waive the payment of costs, fees, or security relating

to any action on the filing of the Application to Waive Court Costs and Fees form

provided by the court. The application must be signed and sworn or affirmed in

accordance with the declaration language on the form. Notarization is not required.

Unless the court orders otherwise, the application need not be served on the other

parties and will be resolved ex parte. When an application is approved (in whole or in

part) or denied, a notation will be made in the docket.

(b) WAIVERS BY STATUTE. The court or the clerk must approve the application,

without requiring additional information from the applicant except as provided in Rule

54-II(g), if:

(1) Financial Assistance. The applicant, or a dependent if a claim or defense is

asserted on the dependent’s behalf, receives financial assistance under a program

listed in D.C. Code §§ 15-712(a)(1)(A) or -712(a)(1)(B);

(2) Monthly Income. The applicant’s monthly income does not exceed 200% of the

federal poverty guidelines issued by the United States Department of Health and

Human Services; or

(3) Applicants Receiving Free Legal Representation By Nonprofit Organizations. The

applicant is represented free of charge by a legal services or other nonprofit

organization whose primary purpose is to provide legal services to low-income clients,

or a legal clinic operated by a law school located in the District of Columbia that

provides legal services to low-income clients. For the purposes of this subsection,

representation by a legal services or other nonprofit organization includes

representation by pro bono counsel to whom the litigant has been referred by the

organization. Counsel must include a certification that they are representing the litigant

pro bono on referral from a legal services or other nonprofit organization whose primary

purpose is to provide legal services to low-income clients.

(c) SUBSTANTIAL HARDSHIP WAIVER. If the applicant does not qualify for a waiver

under Rule 54-II(b), the court may approve an application in whole or in part on a finding

that the party is unable to pay costs, fees, or security without substantial hardship to the

applicant or to the applicant’s dependent.

(d) SIGNIFICANT COSTS. In determining whether to waive the payment of costs, fees,

or security, the court must take into account the likelihood that the matter may entail

significant costs to the litigant, such as the costs of e-filing.

(e) MERIT OF UNDERLYING ACTION. In considering an application, the court must not

consider the merit of the underlying action.

(f) DISMISSING ACTIONS; ENJOINING REPEAT FILERS OF FRIVOLOUS MATTERS.

Nothing in this rule should be construed to limit the authority of courts to dismiss actions

or to enjoin repeat filers of frivolous matters from filing future cases without prior

approval of the court.

(g) REQUIRING ADDITIONAL INFORMATION.

(1) In General. The court may require additional evidence in support of the request to

waive payment of costs, fees, or security accruing during any action if:

(A) an application is submitted pursuant to Rule 54-II(c);

(B) there is good cause to believe the information submitted by the litigant in support

of the application is inaccurate or misleading; or

(C) the applicant has undergone a change in circumstances bearing on the merits of

the application.

(2) Incomplete Application. An incomplete application will be returned to the applicant

with notice to the applicant as to which information is missing. The applicant may

resubmit a complete application without prejudice.

(h) TIMING. An application may be submitted at any point in the proceedings.

(1) Within 5 calendar days after receiving a completed application, the court must

decide whether to approve the waiver, except that an application presented in open

court must be decided immediately.

(2) If, within 5 calendar days after receiving a completed application, the court has not

ruled on the application, the application will be deemed approved.

(3) The deadlines in Rule 54-II(h) do not apply where the court requires additional

information under Rule 54-II(g).

(i) SERVICE OF COMPLAINT; SERVICE ON MINOR OR INCOMPETENT PERSON;

SERVICE OF WITNESS SUBPOENA; WITNESS FEES. Where an application to

proceed without payment of costs, fees, or security is approved, the following provisions

apply:

(1) Service of Complaint. The clerk must attempt service of the complaint in a manner

prescribed by the court’s rules for all persons who have been granted full waivers of

payment of fees and costs or security and, where partial waivers of the payment of fees

and costs or security have been granted, as directed by the court.

(2) Service on Minor or Incompetent Person. Where the defendant is a minor or

incompetent person within the meaning of D.C. Code §§ 13-332 and -333 (2012 Repl.),

the court may, on motion, appoint a person to serve the materials listed in Rule 4(c)(1)

by the methods described in Rule 4(g).

(3) Service of Witness Subpoena; Witness Fees. On motion, the court may in its

discretion appoint a person to serve witness subpoenas. Witnesses will be subpoenaed

without prepayment of witness fees, and the same remedies will be available as are

provided for by law in other cases.

(4) Date and Manner of Service. The clerk must note the date and manner of service

on the docket.

(j) RULING IN WRITING OR ON THE RECORD.

(1) Denial. If the court denies the application in whole or in part, the court must state

its reason(s) for denial in writing or in court with the applicant present.

(2) Hearing. An applicant who is denied a waiver in whole or in part may request an ex

parte hearing within 14 days to present additional evidence that the applicant is unable

to proceed without substantial hardship to the applicant or the applicant’s dependent. A

hearing under this rule must be held no later than 14 days after the court receives the

hearing request.

(k) MOTION FOR FREE TRANSCRIPTS OR OTHER DOCUMENTS. An applicant who

has received a waiver of the payment of costs, fees, or security may file a motion

requesting that free transcripts or other documents be prepared and explaining the

basis for the motion. The court must grant the motion for free transcripts or other

documents unless the request is frivolous. In making this determination, the court must

resolve doubt about the frivolousness of the request in favor of the applicant. The court

may order that only those portions of the transcripts or other documents necessary to

resolution of the suit, action, proceeding, or appeal be provided.

(l) CONFIDENTIALITY.

(1) In general. Notwithstanding Rule 5-III and Rule 5.2, the court must keep an

application and any financial information submitted by the applicant pursuant to this rule

confidential, except to the court, the litigant, persons authorized by the litigant, or by

court order.

(2) On Motion.

(A) Any person seeking access to an application or financial information provided to

the court by an applicant may file a motion, with notice given to the litigant who filed the

application, supported by a declaration showing good cause for why the confidential

information should be released to the movant.

(B) Any person granted access to an application or financial information under Rule

54-II(l)(2)(A) must not reveal any information contained in the application or financial

information, except as otherwise authorized by law or court order.

(3) Decision not confidential. The court’s decision on an application for a waiver is not

confidential.

(m) FILING FEE.

(1) In general. No fee will be assessed for filing an Application to Waive Court Costs

and Fees.

(2) Additional information. No fee will be assessed for filing any additional information

relating to an application, including information requested under Rule 54-II(c), (g) or

(j)(2), unless the court has previously considered and denied an application by the

applicant in the same suit, action, or proceeding.

(3) Simultaneous filings. No fee will be assessed for filing any motions or other

documents simultaneously with an application, unless and until the court denies the

application.

(4) Dismissal. If an application is denied in whole, the clerk will dismiss a case without

prejudice or reject a filing, or both, unless the applicable filing fee is paid within 14 days

of the denial.