Tennessee § 52-3-403 Costs - Reimbursement - Indigent persons

Tennessee Statutes

§ 52-3-403 — Costs - Reimbursement - Indigent persons

(a)The reasonable costs incurred in judicial proceedings under this title must be paid by the subject of the proceedings or the subject's estate or by the subject's responsible relatives and must be a charge upon the estate of those liable.

(b)The reasonable costs incurred in judicial proceedings filed by the department to have a guardian or conservator appointed under title 34, must be paid by the subject of the proceedings in conformity with that law.

(c)(1) If a subject of proceedings under this title is indigent and does not have responsible relatives able to pay the costs or if a subject of guardianship or conservatorship proceedings filed by the department is indigent under the guardianship or conservatorship law under title 34, then the state must pay the costs.

(2)For the purpo

Free access — add to your briefcase to read the full text and ask questions with AI

(a) The reasonable costs incurred in judicial proceedings under this title must be paid by the subject of the proceedings or the subject's estate or by the subject's responsible relatives and must be a charge upon the estate of those liable. (b) The reasonable costs incurred in judicial proceedings filed by the department to have a guardian or conservator appointed under title 34, must be paid by the subject of the proceedings in conformity with that law. (c) (1) If a subject of proceedings under this title is indigent and does not have responsible relatives able to pay the costs or if a subject of guardianship or conservatorship proceedings filed by the department is indigent under the guardianship or conservatorship law under title 34, then the state must pay the costs. (2) For the purpose of subdivision (c)(1), the Tennessee supreme court shall prescribe by rule the nature of costs for which reimbursement may be allowed, and limitations on and conditions for reimbursement of costs as it deems appropriate in the public interest, subject to this section. The rules must also specify the form and content of applications for reimbursement of costs to be filed under this section. The administrative director of the courts shall administer this subsection (c) and rules adopted under this subsection (c), and shall audit and review all applications for reimbursement of costs. Upon finding payment to be in order, the administrative director of the courts shall process the payment from money appropriated for that purpose. (d) In any case where the subject of the proceedings is judicially determined not to be involuntarily committed or transferred, the costs may be taxed against the person who seeks commitment or transfer of the subject of the proceedings. (e) The court may require any petitioner to file an undertaking with surety to be approved by the court in an amount the court considers proper to assure the payment of costs and expenses and to save harmless the respondent by reason of costs incurred, including attorney's fees, if any, and damages suffered by the respondent as a result of the action. (f) Witnesses subpoenaed to appear in proceedings held under this title must be paid fees and mileage as provided by law for witnesses generally.

Tennessee § 52-3-403 (Costs - Reimbursement - Indigent persons) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.