Docketing The Appeal

(a) On receipt of the notice of appeal and any required docket fee, the clerk of the supreme court must docket the appeal. (b) Time for Docketing Appeal and Payment of Docket Fee. (1) If the notice of appeal is filed in the supreme court electronic filing system, the filing fee must be paid through that system. If payment through the electronic filing system fails, the appeal may be dismissed. If timely, a new notice of appeal may be submitted with the docket fee. (2) If a party is exempt from electronically filing. A check or money order in the amount of the docket fee must be sent to and made payable to the clerk of the supreme court with the notice of appeal. Notice by the clerk of the supreme court under Rule 3 of the filing of a notice of appeal will not be made until any required docket fee is paid. If any docket fee due in the form of check or money order is paid within 14 days of receipt of the notice of appeal by the supreme court, the appeal will be filed as of the date of initial receipt. If a docket fee is in the form of check or money order is not paid within 14 days of receipt of the notice of appeal by the supreme court, the notice of appeal is void. If timely, a new notice of appeal may be submitted with the docket fee. (3) If two or more parties file separate notices of appeal, the first to file must pay the docket fee. (4) A docket fee is not required in the following cases: (A) criminal cases; (B) post-conviction relief; (C) writs of habeas corpus filed by indigent defendants; (D) mental health commitments in which the appellant is indigent; (E) juvenile cases in which counsel is court-appointed; (F) other civil cases in which an indigent party is entitled to court-appointed counsel as a result of the indigency; (G) in any other case in which an appellant has been declared indigent by order of any state court for the purpose of any action relating to the appeal;and (H) by order of the supreme court upon consideration of a Petition To Waive Filing Fee Upon Showing Of Indigency (in the form shown in appendix A ). (c) Petition to Waive Docket Fee. If a party files a verified petition in a form approved by the supreme court to waive the docket fee on appeal with the notice of appeal, the clerk of the supreme court may provisionally file the notice of appeal. If waiver of the docket fee is denied, the clerk of the supreme court must withdraw the notice of appeal if the docket fee is not received within 14 days of the denial of the petition to waive the docket fee. Notice by the clerk of the supreme court under Rule 3 of the filing of a notice of appeal will not be made until the fee is waived or, if the fee is not waived, when the fee is paid.