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§ 5-1002. Filing fees and payments by prisoners

West's Annotated Code of MarylandCourts and Judicial Proceedings

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 5. Limitations, Prohibited Actions, and Immunities (Refs & Annos)
Subtitle 10. Prisoner Litigation Act (Refs & Annos)
MD Code, Courts and Judicial Proceedings, § 5-1002
§ 5-1002. Filing fees and payments by prisoners
Filing fees and payments
(a)(1)(i) Except as provided in subsection (c) of this section, a prisoner who maintains a civil action shall pay all or a portion of the applicable filing fee, as determined by the court.
(ii) Unless a waiver is granted under subsection (c) of this section, a fee determined by the court under subparagraph (i) of this paragraph shall be at least 25 percent of the entire filing fee otherwise required for a civil action.
(2) The court may:
(i) Authorize any fee to be paid over a specific period of time; and
(ii) Establish a payment schedule.
(3) Until any applicable filing fee is paid, service of the complaint shall be withheld, discovery may not commence, and other proceedings may not be convened.
Determination of filing fee
(b) In establishing the amount of the filing fee to be paid under subsection (a) of this section, the court shall consider, based on information in the complaint and provided by the prisoner:
(1) The seriousness of the claim;
(2) The likelihood of success;
(3) The urgency of consideration;
(4) The amount of funds available in any institutional account and any account outside of the institution;
(5) The employment status of the prisoner in the institution and income from the employment;
(6) Any financial obligations of the prisoner; and
(7) The length of time that is likely to pass before the filing fee that is imposed is able to be paid.
Waiver of filing fee
(c) A court may waive payment of the entire required filing fee for a civil action filed by a prisoner only on a written showing under oath by the prisoner that:
(1) The prisoner is indigent;
(2) The issue presented is of serious concern;
(3) Delay in the consideration of the issues presented will prejudice the consideration of the claim;
(4) The prisoner is not likely to accumulate sufficient funds to pay the required filing fee within a reasonable period of time; and
(5) The prisoner possesses a reasonable likelihood of success on the merits of the claim.
Reimbursement of filing fee
(d) If a prisoner prevails in an action, the filing fee that is paid by the prisoner shall be reimbursed to the prisoner by the defendant through costs awarded by the court.

Credits

Added by Acts 1997, c. 495, § 1, eff. Oct. 1, 1997.
MD Code, Courts and Judicial Proceedings, § 5-1002, MD CTS & JUD PRO § 5-1002
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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