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.
[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.
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 2011–2024 · leading case:
Baca v. Rpm, Inc., 941 N.E.2d 547 (Ind. Ct. App. 2011).
Baca v. Rpm, Inc., 941 N.E.2d 547 (Ind. Ct. App. 2011).
· cites it 6× “Discussion and Decision Notwithstanding Indiana Code Section 33-37-3-2, providing that a person entitled to bring a civil action may do so without paying the required fees after filing a sworn statement of his or her indigency, 2 Tippecanoe Superior Court 4 has implemented a…”
P J v. Review Bd. (Ind. Ct. App. 2024).
· cites it 11× “2 Prior to 2009, Indiana Code 33-37-3-2, like its predecessor statute, simply provided: 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…”
Beatriz Morales v. Hous. Auth. of South Bend & Attorney Gen. of Indiana (Ind. Ct. App. 2014).
· cites it 10× “” Section 33-37-3-2 further provides: (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…”
Jeffrey Allen Rowe v. The Geo Grp., Inc. (mem. dec.) (Ind. Ct. App. 2018).
· cites it 2× “In his verified petition, Rowe requested the trial court to waive his filing fee in accordance with Ind. Code § 33-37-3-2 due to the fact that he is incarcerated and “unable to make the payments or to give security for the payments because of his indigency.”
Ind. Code § 33-37-3-2(b): 1 case
P J v. Review Bd. (Ind. Ct. App. 2024).
“2 Prior to 2009, Indiana Code 33-37-3-2, like its predecessor statute, simply provided: 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…”
Ind. Code § 33-37-3-2(b)(1): 1 case
Beatriz Morales v. Hous. Auth. of South Bend & Attorney Gen. of Indiana (Ind. Ct. App. 2014).
“” Section 33-37-3-2 further provides: (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…”
Ind. Code § 33-37-3-2(b)(2): 1 case
Beatriz Morales v. Hous. Auth. of South Bend & Attorney Gen. of Indiana (Ind. Ct. App. 2014).
“” Section 33-37-3-2 further provides: (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…”
Ind. Code § 33-37-3-2(b)(2)(C): 1 case
Beatriz Morales v. Hous. Auth. of South Bend & Attorney Gen. of Indiana (Ind. Ct. App. 2014).
“” Section 33-37-3-2 further provides: (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…”
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