First Regular Session 116th General Assembly (2009)
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HOUSE ENROLLED ACT No. 1363
AN ACT to amend the Indiana Code concerning courts and court officers.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 33-37-3-2; (09)HE1363.1.1. -->
SECTION 1. IC 33-37-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: 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.