The appellant must pay the $500 docket fee, plus $5.00 processing fee, to the clerk of the district court when the Notice of Appeal is filed.
An appellant who cannot afford to pay the fee must file in the district court a motion for "in forma pauperis" ("IFP") status unless the district court already permitted the defendant to proceed IFP in that court and has not revoked that status. See
U.S.C. § 1915; FRAP
If the district court has denied or revoked IFP status, the appellant must pay the fee or make a motion in the Court of Appeals for IFP status. The motion to proceed IFP must include the Court's
Form T-1080 Motion Information Statement
(see Motions), a statement explaining the merit of the appeal, and
Financial Affidavit Form
CJA-23. The motion must be served on all other parties in the case and a proof of service form must be submitted with the motion.
Within 14 days of the filing of the notice of appeal, if the fee has not been paid, an appellant must (1) move for IFP status in the district court; (2) move for
IFP status in the Court of Appeals if the district court has denied or withdrawn IFP status; or, (3) notify the Court of Appeals that the appellant will make a motion for IFP status within 30 days of the service of notice that the district court has denied a pending request for IFP status. If the appellant does not take any of these actions, the Court of Appeals may dismiss the case.
A motion for IFP status must include a statement that identifies each issue to be raised on appeal and with respect to each issue, the facts and reasons that demonstrate the issue's merit. If the appellant fails to file the statement or if the Court determines that the appeal is frivolous, the appeal may be dismissed.
If the appeal is dismissed or denied, the docket fee will not be refunded to appellant.
Last modified at 12/1/2012