Superior Court Rules Table of Contents
104. Payment of Fines.
(A) In all cases, fines imposed by the Court
shall be due and payable on the date imposed.
In those cases where a defendant indicates an inability to pay forthwith,
the defendant shall be required to complete an affidavit of resources, under
oath, prior to leaving the courthouse. The
Court may consider such factors as the defendant's employment, good faith
attempts to seek employment, spousal, family and partner income, savings,
property ownership, credit lines and expenses including child support.
(B) In any case where the Court finds the
defendant indigent or the defendant is unable to pay the fine on the date
imposed, the Court may defer payment of the fine or order periodic payment. In any such deferral or order of periodic
payment, the court shall, pursuant to RSA 490:26-a, II-a, include a $25.00 fee
to be added to the fine. The $25.00 fee shall be paid prior to or
simultaneously with the payment of the fine. Eligibility for
appointed counsel shall not be conclusive on the issue of indigency for purposes
of fine payment orders.
(C) In any case where a defendant proves an
inability to pay a fine, the Court may allow the defendant to perform community
service, pursuant to a plan submitted to and approved by the Court. Every hour of verified community service
shall be applied against the fine at the rate of $10.00 an hour.
(D) Conduct which amounts to willful failure
to pay any fine or perform community service as ordered, may be punishable as
contempt of court or through the provisions of RSA 618:9.