When must docket fees be paid for a petition for review on certiorari under Rule 45?

When must docket fees be paid for a petition for review on certiorari under Rule 45?

• A. After filing, within 30 days.
• B. Before or at filing of the petition.
• C. Only after the petition is granted.
• D. Not required.

Answer: (B)

Docket fees for a petition for review on certiorari under Rule 45 must be paid before or at the time of filing. Payment is a prerequisite to the petition being accepted and docketed, so the petition cannot be processed or assigned a docket without proof of payment. If the fee is paid at filing, the petition proceeds; if not, the filing is not complete and cannot move forward. It is not correct to say the fee is due after filing or that it’s not required, since the court requires the docket fee to accompany the petition at the outset.

Docket fees for a petition for review on certiorari under Rule 45 must be paid before or at the time of filing. Payment is a prerequisite to the petition being accepted and docketed, so the petition cannot be processed or assigned a docket without proof of payment. If the fee is paid at filing, the petition proceeds; if not, the filing is not complete and cannot move forward. It is not correct to say the fee is due after filing or that it’s not required, since the court requires the docket fee to accompany the petition at the outset.