Section 33-37-3-2 - Indigent persons; relief from or waiver of fees and court costs in civil actions or appointment of guardian(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.
As added by P.L. 98-2004, SEC.16. Amended by P.L. 89-2009, SEC.1.