§ 2

Ind. Code § 33-37-3-2

Indigent persons; relief from or waiver of fees and court costs in civil actions or appointment of guardian

As added by P.L.98-2004, SEC.16. Amended by P.L.89-2009, SEC.1.

  1. (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. (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. (2) declaring that the person believes that the person is entitled to the redress sought in the action; and
    3. (3) setting forth briefly the nature of the action.

  2. (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. (1) the person is represented by an attorney:

      1. (A) who is employed by Indiana Legal Services or another civil legal aid program; or

      2. (B) who:

        1. (i) is serving as a pro bono attorney; and
        2. (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. (2) the attorney files a statement with the clerk that:

      1. (A) seeks relief from paying the required fees or other court costs;
      2. (B) declares that the person believes that the person is entitled to the redress sought in the action;
      3. (C) sets forth briefly the nature of the action;
      4. (D) is accompanied by an approved affidavit of indigency; and
      5. (E) is signed by the attorney.

  3. (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.]

As added by P.L.98-2004, SEC.16. Amended by P.L.89-2009, SEC.1.

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