Supreme Court leaves in place financial guidelines for indigent filing in civil cases

By The West Virginia Record | Feb 2, 2012

CHARLESTON -– The Supreme Court of Appeals of West Virginia has issued an order signed by Chief Justice Menis Ketchum leaving in place the financial guidelines for indigent filing in civil cases for calendar year 2012 that were set July 1, 2011.

The Court based its decision on the fact that federal poverty guidelines have not changed since last year's action.

Although the federal government may issue changes in the federal poverty guidelines, the current financial guidelines will remain in effect in West Virginia this year. The next update for financial guidelines will use federal poverty guidelines in effect on Jan. 1, 2013.

According to W.Va. Code §59-2-1, West Virginia Rules of Civil Procedure, Rule 77(e), and Rules of Civil Procedure for Magistrate Court, Rule 22, in making determinations of eligibility for waiver of fees, costs, or security, authorized court personnel shall be mindful of citizens' right of access to the court and right to the benefit of court services.

Court orders and forms can be found on the West Virginia Judiciary website.

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