Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 1102
Privileges of poor person
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 11
§ 1102. Privileges of poor person. (a) Attorney. The court in its
order permitting a person to proceed as a poor person may assign an
attorney.

(b) Stenographic transcript. Where a party has been permitted by order
to appeal as a poor person, the court clerk, within two days after the
filing of said order with him, shall so notify the court stenographer,
who, within twenty days of such notification shall make and certify two
typewritten transcripts of the stenographic minutes of said trial or
hearing, and shall deliver one of said transcripts to the poor person or
his attorney, and file the other with the court clerk together with an
affidavit of the fact and date of such delivery and filing. The expense
of such transcripts shall be a county charge or, in the counties within
the city of New York, a city charge, as the case may be, payable to the
stenographer out of the court fund upon the certificate of the judge
presiding at the trial or hearing. A poor person may be furnished with a
stenographic transcript without fee by order of the court in proceedings
other than appeal, the fee therefor to be paid by the county or, in the
counties within the city of New York by the city, as the case may be, in
the same manner as is paid for transcripts on appeal. Notwithstanding
this or any other provision of law, fees paid for stenographic
transcripts with respect to those proceedings specified in paragraph (a)
of subdivision one of section thirty-five of the judiciary law shall be
paid by the state in the manner prescribed by subdivision four of
section thirty-five of the judiciary law.

(c) Appeals. On an appeal or motion for permission to appeal a poor
person may submit typewritten briefs and appendices, furnishing one
legible copy for each appellate justice.

(d) Costs and fees. A poor person shall not be liable for the payment
of any costs or fees unless a recovery by judgment or by settlement is
had in his favor in which event the court may direct him to pay out of
the recovery all or part of the costs and fees, a reasonable sum for the
services and expenses of his attorney and any sum expended by the county
or city under subdivision (b).