NC · rules
N.C. Gen. R. Prac. Super. & Dist. Ct. 28
Equitable Imposition of Monetary Obligations in Criminal Cases and Infraction Cases Based on the Defendant’s Ability to Pay
(a) Scope. This rule applies only in criminal cases and infraction cases in
which the court has discretion to impose costs, fees, fines, restitution, or other
monetary obligations equitably based on the defendant’s ability to pay.
(b) Motion for Relief. A defendant convicted of a crime or found
responsible for an infraction may use AOC-CR-415, Request for Relief from Fines,
Fees, and Other Monetary Obligations, to move the court to impose costs, fees, fines,
restitution, or other monetary obligations equitably based on the defendant’s ability
to pay.
(c) Determination by Court. The court must consider the defendant’s
motion and, if necessary, conduct a hearing. The court must rule on the motion prior
to imposing costs, fees, fines, restitution, or other monetary obligations and may
grant the defendant any relief permitted by law.
History
History Note. 379 N.C. 770.
Provenance
- Source
- ncleg.gov; ncbar.gov; nccourts.gov
- Retrieved
- 2026-09-17
- Edition
- 2026-09-17
- Content hash
62f2bd4c103c55f847fb011e116c4b1438170f3fea93c55fc1f7eeed5678be43
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