Idaho Code
Idaho Code § 31-3220 (2026)
Inability to pay fees — Definitions — Affidavit.
✓ current as of May 2026
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Inability to pay fees — Definitions — Affidavit.
(1) For purposes of this section, the following definitions shall apply:
(a) "Action" means any civil suit, action, proceeding or appeal of any such action, including a habeas corpus action, but excluding proceedings brought pursuant to chapter 49, title 19, Idaho Code.
(b) "Court" means the district court (including its magistrates division), the court of appeals of Idaho or the supreme court of Idaho.
(c) "Frivolous" means a claim which has no arguable basis in law or fact, or is substantially similar to a previous claim that has been dismissed with prejudice or is barred by res judicata or collateral estoppel.
(d) "Indigent" means a person who is not a prisoner, as defined in section 31-3220A, Idaho Code, and who is found by the court to be unable to pay fees, costs or give security for the purpose of prepayment of fees, costs or security in a civil action.
(e) "Malicious" means a claim which appears to be intended solely to harass the party.
(2) The court may authorize the commencement or defense of any action without prepayment of fees, costs or security, by any indigent person not a prisoner, providing:
(a) The person files an affidavit that he is indigent as provided in subsection (3) of this section, and unable to pay fees, costs or give security; and
(b) The court finds, after informal inquiry, that the person is indigent for the purpose of prepayment of fees, costs or security.
(3) The affidavit shall contain complete information as to:
(a) The person’s identity;
(b) The nature and amount of his income;
(c) His spouse’s income;
(d) The real and personal property owned;
(e) His cash or checking accounts;
(f) His dependents;
(g) His debts;
(h) His monthly expenses;
(i) The nature of the action;
(j) The affiant’s belief that he is entitled to redress.
The affidavit shall also contain the following statements: "I am unable to pay the court costs. I verify that the statements made in this affidavit are true and correct." The affidavit shall be sworn as required by law.
(4) No fees, costs or security shall be waived at the commencement of an action if the court finds and certifies in writing that the action is frivolous, malicious or otherwise not taken in good faith.
(5) Upon the filing of an affidavit as set forth in this section and a finding that the person is indigent, the court may direct that the expense of printing the record and/or transcript for use on appeal be paid out of the district court fund of the county in which the action was filed.
(6) The officers of the court shall issue and serve all process, and perform all duties in cases in which the person is found by the court to be indigent. Witnesses shall attend as in other cases, and the same remedies shall be available in other civil cases. Payment of fees for service of process and witnesses, where required, shall be paid out of the district court fund of the county in which the action is filed.
(7) The court may retroactively require payment for any fees, costs or security which may have been waived in the action if the court finds that any allegation contained in the affidavit of inability to pay fees is untrue, or if the court is satisfied that the action is frivolous or malicious.
(8) Judgment may be entered for attorney fees and costs at the conclusion of the action as in other cases. If the cost of the transcript or printed record has been paid out of the district court fund for the prevailing party, that party may be taxed in favor of the district court fund.
Notes of Decisions
Cited in 31
cases (5 in the last 5 years), 1983–2026 · leading case: Michalk v. Michalk, 220 P.3d 580 (Idaho 2009).
Michalk v. Michalk, 220 P.3d 580 (Idaho 2009). “See I.C. § 31-3220. The statutory language “where required” suggests that the court must specifically enter an order for payment of fees for service of process.”
Beehler v. Fremont Cnty., 182 P.3d 713 (Idaho Ct. App. 2008). “Indigent non-prisoners are guaranteed similar protections pursuant to I.C. § 31-3220 but unlike section 31-3220A, section 31-3220 provides that for indigent non-prisoners, the court may authorize the waiver of not only fees but also “security” if the litigant is indigent.”
Sivak v. Ada Cnty., 769 P.2d 1134 (Idaho Ct. App. 1989). “The district court denied the petition, holding that the magistrate had found Sivak's petition to be frivolous under the following language of I.C. § 31-3220(2): No fees, costs or security shall be waived for an appeal if the trial court certifies in writing that the action is…”
Frizzell v. Swafford, 663 P.2d 1125 (Idaho 1983). “It is a non-recoverable fee, waiveable pursuant to I.C. § 31-3220. We therefore decline to extend our holding to the requirement of the filing fee on appeal.”
Athay v. Stacey, 196 P.3d 325 (Idaho 2008). “Assuming that he could not pay whatever that amount would have been, Idaho Code § 31-3220 (2) provides that “[t]he court may authorize the commencement or defense of any action without prepayment of fees, costs or security, by any indigent person not a prisoner.”
Hyde v. Fisher, 152 P.3d 653 (Idaho Ct. App. 2007). “In 1977, the Idaho legislature adopted I.C. § 31-3220, which authorized Idaho courts to waive filing fees, costs, and security for indigents.”
M. L. B. v. S. L. J., 519 U.S. 102 (1996). “§ 15-712 (1995); Idaho Code §31-3220 (5) (1996); Ill. Comp.”
Murray v. Spalding, 106 P.3d 425 (Idaho 2005). “Idaho Code § 31-3220 (6) provides that if the court finds that a person who is not a prisoner is unable to pay the fees for service of process in a civil lawsuit, such fees “shall be paid out of the district court fund of the county in which the action is filed.”
Sinclair & Co., Inc. v. Gurule, 757 P.2d 225 (Idaho Ct. App. 1988). “Gurule timely filed notice of appeal and, pursuant to I.C. § 31-3220(1), requested a waiver of prepayment of fees and costs for appeal, claiming he was indigent.”
State, Bureau of Child Support Servs. v. Garcia, 975 P.2d 793 (Idaho Ct. App. 1999). “ks to file an action without payment of court fees or with partial payment of court fees required in sections 31-3201 and 31-3201A, Idaho Code, shall file the following at the time of filing of an action: (a) A motion to proceed without payment of court fees or for partial…”
State v. Harrold, 750 P.2d 959 (Idaho Ct. App. 1988). “27(e), upon a finding of indigency and inability to pay the fee, determined under I.C. § 31-3220. The process to arrive at such a finding and order is initiated by an affidavit demonstrating that the appellant is indigent and unable to pay for the preparation of the record.”
Blackhawk v. City of Chubbuck, 488 F. Supp. 2d 1097 (D. Idaho 2006). “However, the affidavits fail to address all of the specific issues which must be addressed according to Idaho Code § 31-3220 (3) before a court can make a finding that a party is indigent.”
— Idaho Code § 31-3220(1) — 1 case
Sinclair & Co., Inc. v. Gurule, 757 P.2d 225 (Idaho Ct. App. 1988). “Gurule timely filed notice of appeal and, pursuant to I.C. § 31-3220(1), requested a waiver of prepayment of fees and costs for appeal, claiming he was indigent.”
— Idaho Code § 31-3220(1)(d) — 2 cases
Jon David Klein v. Tammy Lynn Moore (Idaho Ct. App. 2016).
Jane Doe v. John Doe (2025-33) (Idaho 2026).
— Idaho Code § 31-3220(2) — 7 cases
Sivak v. Ada Cnty., 769 P.2d 1134 (Idaho Ct. App. 1989). “The district court denied the petition, holding that the magistrate had found Sivak's petition to be frivolous under the following language of I.C. § 31-3220(2): No fees, costs or security shall be waived for an appeal if the trial court certifies in writing that the action is…”
Beehler v. Fremont Cnty., 182 P.3d 713 (Idaho Ct. App. 2008). “Indigent non-prisoners are guaranteed similar protections pursuant to I.C. § 31-3220 but unlike section 31-3220A, section 31-3220 provides that for indigent non-prisoners, the court may authorize the waiver of not only fees but also “security” if the litigant is indigent.”
Sinclair & Co., Inc. v. Gurule, 757 P.2d 225 (Idaho Ct. App. 1988). “Gurule timely filed notice of appeal and, pursuant to I.C. § 31-3220(1), requested a waiver of prepayment of fees and costs for appeal, claiming he was indigent.”
Madsen v. Idaho Dep't of Health & Welfare, 759 P.2d 915 (Idaho Ct. App. 1988).
Johnson v. Jones, 671 P.2d 1065 (Idaho 1983).
— Idaho Code § 31-3220(3) — 2 cases
Beehler v. Fremont Cnty., 182 P.3d 713 (Idaho Ct. App. 2008). “Indigent non-prisoners are guaranteed similar protections pursuant to I.C. § 31-3220 but unlike section 31-3220A, section 31-3220 provides that for indigent non-prisoners, the court may authorize the waiver of not only fees but also “security” if the litigant is indigent.”
State, Bureau of Child Support Servs. v. Garcia, 975 P.2d 793 (Idaho Ct. App. 1999). “ks to file an action without payment of court fees or with partial payment of court fees required in sections 31-3201 and 31-3201A, Idaho Code, shall file the following at the time of filing of an action: (a) A motion to proceed without payment of court fees or for partial…”
— Idaho Code § 31-3220(5) — 1 case
Jane Doe v. John Doe (2025-33) (Idaho 2026).
— Idaho Code § 31-3220(6) — 4 cases
Michalk v. Michalk, 220 P.3d 580 (Idaho 2009). “See I.C. § 31-3220. The statutory language “where required” suggests that the court must specifically enter an order for payment of fees for service of process.”
Murray v. Spalding, 106 P.3d 425 (Idaho 2005). “Idaho Code § 31-3220 (6) provides that if the court finds that a person who is not a prisoner is unable to pay the fees for service of process in a civil lawsuit, such fees “shall be paid out of the district court fund of the county in which the action is filed.”
Lerajjareanra-O-Kelly v. Mark Schow (Idaho Ct. App. 2009).
Lerajjareanra-O-Kel-Ly v. Schow, 216 P.3d 154 (Idaho Ct. App. 2009).
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