Tenn. R. App. P. 18
Advisory Commission Comments.
Authority to allow a person to proceed on appeal in a criminal case with appointed counsel is found in Tenn. Code Ann. § 40-14-203. See also, Tenn. S. Ct. R. 13 (applying to criminal cases and to specified civil cases). A poor person may also obtain a transcript in criminal actions without payment of the reporter's fee pursuant to Tenn. Code Ann. § 40-14-312. Under subdivision (a) a person who has been permitted to proceed as a poor person in the trial court may proceed as a poor person on appeal without a redetermination of indigency, unless the trial court finds that the party is not entitled so to proceed. If a person has not previously been permitted to proceed as a poor person, he or she may seek leave from the trial court to do so on appeal pursuant to subdivision (b). If leave to proceed as a poor person on appeal is granted, there is no requirement that leave be sought from the appellate court.
Whenever the trial court denies leave to appeal as a poor person, the court must state in writing the reasons for its denial. Review of the trial court's denial may be sought in the appellate court within 30 days after service of notice of the action of the trial court. Review in the appellate court is by way of motion, rather than by way of an appeal. This simple and expeditious procedure seems clearly preferable to an appeal.
Compensation and reimbursement of attorneys who appeal criminal cases on behalf of poor persons is permitted by Tenn. Code Ann. § 40-14-207. See also, Tenn. S. Ct. R. 13 (applying to criminal cases and to specified civil cases).
Advisory Commission Comment [1990].
The exception in subdivision (b) referring to subdivision (a) is to make it clear that a person already proceeding as a pauper through the trial need not obtain additional leave to proceed under the pauper's oath on appeal.
Advisory Commission Comment [ 2006].
Prior to this amendment, the rule authorized trial courts to determine whether a party should be permitted to proceed on appeal as a poor person, but the Rule did not expressly authorize an appellate court to do so. In some cases, however, the issue of a party's financial condition does not arise until after the notice of appeal is filed. New paragraphs (d) and (e) give the appellate courts the authority to determine whether an appealing party should be permitted to proceed on appeal as a poor person; it should be noted, however, that the new paragraphs do not preclude the appellate court from remanding the matter to the trial court for a hearing on the issue, if necessary. The term "poor person" as used in the Rule is intended to refer to persons who are indigent for purposes of Rule 13 (appointment, qualifications and compensation of counsel for indigent defendants), or Rule 29 (uniform civil affidavit of indigency), Tenn. S. Ct. R., or any other provision of law.
Advisory Commission Comment [ 2013].
The rule was amended to replace the term "poor" person(s) with the term "indigent" person(s). The amendment was not intended to change the meaning or application of the rule.