IC 33-37-3-2 — Indigent persons; relief from or waiver of fees and court costs in civil actions or appointment of guardian
Chapter 3. General Court Costs Provisions for Civil Actions
Section text
Sec. 2. (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.
As added by P.L.98-2004, SEC.16. Amended by P.L.89-2009, SEC.1.
Source: official publisher (2026 edition)