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.


HEA 1363 _ Concur

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