Indiana § 33-37-3-2 Indigent persons; relief from or waiver of fees and court costs in civil
actions or appointment of guardian

Indiana Statutes

§ 33-37-3-2 — Indigent persons; relief from or waiver of fees and court costs in civil actions or appointment of guardian

Indiana·Art. 37 COURT FEES·Ch. 3 General Court Costs Provisions for Civil Actions

(a)Except as provided in subsection (b), a person entitled to bring a civil action or to petition for the appointment of a guardian under IC 29-3-5 may do so without paying the required fees or other court costs if the person files a statement in court, under oath and in writing:

(1)declaring that the person is unable to make the payments or to give security for the payments because of the person's indigency;

(2)declaring that the person believes that the person is entitled to the redress sought in the action; and

(3)setting forth briefly the nature of the action.

(b)If a person brings a civil action or petition for the appointment of a guardian under IC 29-3-5, a clerk shall waive the payment of required fees or other court costs by the person without court approval if:

(1)the perso

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(a) Except as provided in subsection (b), a
person entitled to bring a civil action or to petition for the appointment
of a guardian under IC 29-3-5 may do so without paying the required
fees or other court costs if the person files a statement in court, under
oath and in writing:
(1) declaring that the person is unable to make the payments or to
give security for the payments because of the person's indigency;
(2) declaring that the person believes that the person is entitled to
the redress sought in the action; and
(3) setting forth briefly the nature of the action.
(b) If a person brings a civil action or petition for the appointment
of a guardian under IC 29-3-5, a clerk shall waive the payment of
required fees or other court costs by the person without court approval
if:
(1) the person is represented by an attorney:
(A) who is employed by Indiana Legal Services or another civil
legal aid program; or
(B) who:
(i) is serving as a pro bono attorney; and
(ii) obtained the person as a client through a direct referral
from a pro bono district associated with one (1) of the
fourteen (14) administrative districts in Indiana established
by the Indiana Rules of Court Administrative Rule 3(A); and
(2) the attorney files a statement with the clerk that:
(A) seeks relief from paying the required fees or other court
costs;
(B) declares that the person believes that the person is entitled
to the redress sought in the action;
(C) sets forth briefly the nature of the action;
(D) is accompanied by an approved affidavit of indigency; and
(E) is signed by the attorney.
(c) This section does not prohibit a court from reviewing and
modifying a finding of indigency by the court or a clerk if a person who
received relief from the payment of required fees or other court costs
ceases to qualify for the relief.
[Pre-2004 Recodification Citation: 33-19-3-2.]

Indiana § 33-37-3-2 (Indigent persons; relief from or waiver of fees and court costs in civil actions or appointment of guardian) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.