§ 33-37-3-3 — Actions commenced by person confined by department of correction

Indiana § 33-37-3-3

• Jurisdiction: Indiana
• Art. 37: COURT FEES
• Ch. 3: General Court Costs Provisions for Civil Actions

Text

(a) When an offender confined by the
department of correction commences an action or a proceeding without
paying fees or other court costs under section 2 of this chapter, the
offender shall obtain from the appropriate official of the correctional
facility or facilities at which the offender is or was confined a certified
copy of the prisoner's trust fund account statement for the six (6)
months immediately preceding submission of the complaint or petition.
The offender shall file the trust fund account statement in addition to
the statement required under section 2 of this chapter.
(b) The offender shall pay a partial filing fee that is twenty percent
(20%) of the greater of:
(1) the average monthly deposits to the offender's account; or
(2) the average monthly balance in the offender's account;
for the six (6) months immediately preceding the filing of the
complaint or petition. However, the fee may not exceed the full
statutory fee for the commencement of actions or proceedings.
(c) If the offender claims exceptional circumstances that render the
offender unable to pay the partial filing fee required by this section, in
addition to the statement required by section 2 of this chapter and the
statement of account required by subsection (a), the offender shall
submit an affidavit of special circumstances setting forth the reasons
and circumstances that justify relief from the partial filing fee
requirement.
(d) If the court approves the application to waive all fees, the court
shall give written notice to the offender that all fees and costs relating
to the filing and service will be waived. If the court denies the
application to waive all fees, the court shall give written notice to the
offender that the offender's case will be dismissed if the partial filing
fee is not paid not later than forty-five (45) days after the date of the
order, or within an additional period that the court may, upon request,
allow. Process concerning the offender's case may not be served until
the fee is paid.
[Pre-2004 Recodification Citation: 33-19-3-2.5.]

Legislative History

As added by P.L.98-2004, SEC.16.