Ind. Code » Title 33
Indiana Code

Ind. Code § 33-37-3-3 (2026)

Actions commenced by person confined by department of correction

✓ current as of May 2026
Find cases: SyfertCases citing this section JustiaInd. Code CornellLII Search CasesGoogle Scholar

     Sec. 3. (a) When an offender confined by the department of correction commences an action or a proceeding without paying fees or other court costs under section 2 of this chapter, the offender shall obtain from the appropriate official of the correctional facility or facilities at which the offender is or was confined a certified copy of the prisoner's trust fund account statement for the six (6) months immediately preceding submission of the complaint or petition. The offender shall file the trust fund account statement in addition to the statement required under section 2 of this chapter.

     (b) The offender shall pay a partial filing fee that is twenty percent (20%) of the greater of:

(1) the average monthly deposits to the offender's account; or

(2) the average monthly balance in the offender's account;

for the six (6) months immediately preceding the filing of the complaint or petition. However, the fee may not exceed the full statutory fee for the commencement of actions or proceedings.

     (c) If the offender claims exceptional circumstances that render the offender unable to pay the partial filing fee required by this section, in addition to the statement required by section 2 of this chapter and the statement of account required by subsection (a), the offender shall submit an affidavit of special circumstances setting forth the reasons and circumstances that justify relief from the partial filing fee requirement.

     (d) If the court approves the application to waive all fees, the court shall give written notice to the offender that all fees and costs relating to the filing and service will be waived. If the court denies the application to waive all fees, the court shall give written notice to the offender that the offender's case will be dismissed if the partial filing fee is not paid not later than forty-five (45) days after the date of the order, or within an additional period that the court may, upon request, allow. Process concerning the offender's case may not be served until the fee is paid.

[Pre-2004 Recodification Citation: 33-19-3-2.5.]

As added by P.L.98-2004, SEC.16.

 

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 2009–2025 · leading case: Howard v. Daugherty, 915 N.E.2d 998 (Ind. Ct. App. 2009).
Sort: Relevance Newest Treatment
Howard v. Daugherty, 915 N.E.2d 998 (Ind. Ct. App. 2009). · cites it 2× “Code § 33-37-3-3: (a) When an offender confined by the department of correction commences an action or a proceeding without paying fees or other court costs under section 2 of this chapter, the offender shall obtain from the appropriate official of the correctional facility or…”
Charles J. Davis Sr. v. Jay Phelps, Bartholomew Cnty. Clerk, 62 N.E.3d 430 (Ind. Ct. App. 2016). · cites it 8× “[4] Indiana Code section 33-37-3-3 provides that, as a general rule, incarcerated persons must pay a partial filing fee.”
Mitchell Sigman v. State of Indiana & Sharon Hawk (mem. dec.) (Ind. Ct. App. 2015). · cites it 18× “[11] When an offender confined in the DOC seeks to commence an action, he is required to comply with the requirements set out in I.C. § 33-37-3-3 (West, Westlaw current with P.”
Lakesha L. Norington v. State of Indiana (mem. dec.) (Ind. Ct. App. 2018). · cites it 10× “67, as calculated by the trial court pursuant to Ind. Code § 33-37-3-3 . On appeal, Norington argues that the trial court’s dismissal was improper.”
Timothy E. Strowmatt v. Jennifer Smith, Matt Penticuff, Misty Cecil (Ind. Ct. App. 2014). · cites it 12× “I.C. § 33-37-3-3 (emphases added). 4 The trial court issued an additional order on August 19, 2013, which essentially repeated the language set forth in its earlier August order, and again made it clear that “nowhere does the statute mention or discuss ‘average monthly income.”
Scarpinato v. Galipeau (N.D. Ind. 2025). · cites it 4× “On April 21, 2022, Judge Alevizos ordered Scarpinato to comply with inmate requirements for proceeding as an indigent within 45 days, in accordance with Ind. Code § 33-37-3-3 . ECF 53-9. To comply with this order, Scarpinato needed to file with the LaPorte Superior Court: a…”
William Temple, Jr. v. State of Indiana (Ind. Ct. App. 2014). · cites it 4× “FACTS AND PROCEDURAL HISTORY Temple is incarcerated in the Department of Correction at the New Castle Correctional Facility. As an inmate there, Temple has an offender trust fund account.”
Jeffrey Allen Rowe v. William K. Wilson (Ind. Ct. App. 2012). · cites it 2× “Code section 33-37-3-3: (a) When an offender confined by the department of correction commences an action or a proceeding without paying fees or other court costs under section 2 of this chapter, the offender shall obtain from the appropriate official of the correctional…”
Ind. Code § 33-37-3-3(a): 3 cases
Lakesha L. Norington v. State of Indiana (mem. dec.) (Ind. Ct. App. 2018). “67, as calculated by the trial court pursuant to Ind. Code § 33-37-3-3 . On appeal, Norington argues that the trial court’s dismissal was improper.”
Timothy E. Strowmatt v. Jennifer Smith, Matt Penticuff, Misty Cecil (Ind. Ct. App. 2014). “I.C. § 33-37-3-3 (emphases added). 4 The trial court issued an additional order on August 19, 2013, which essentially repeated the language set forth in its earlier August order, and again made it clear that “nowhere does the statute mention or discuss ‘average monthly income.”
Mitchell Sigman v. State of Indiana & Sharon Hawk (mem. dec.) (Ind. Ct. App. 2015). “[11] When an offender confined in the DOC seeks to commence an action, he is required to comply with the requirements set out in I.C. § 33-37-3-3 (West, Westlaw current with P.”
Ind. Code § 33-37-3-3(b): 2 cases
Lakesha L. Norington v. State of Indiana (mem. dec.) (Ind. Ct. App. 2018). “67, as calculated by the trial court pursuant to Ind. Code § 33-37-3-3 . On appeal, Norington argues that the trial court’s dismissal was improper.”
Mitchell Sigman v. State of Indiana & Sharon Hawk (mem. dec.) (Ind. Ct. App. 2015). “[11] When an offender confined in the DOC seeks to commence an action, he is required to comply with the requirements set out in I.C. § 33-37-3-3 (West, Westlaw current with P.”
Ind. Code § 33-37-3-3(c): 3 cases
Charles J. Davis Sr. v. Jay Phelps, Bartholomew Cnty. Clerk, 62 N.E.3d 430 (Ind. Ct. App. 2016). “[4] Indiana Code section 33-37-3-3 provides that, as a general rule, incarcerated persons must pay a partial filing fee.”
Mitchell Sigman v. State of Indiana & Sharon Hawk (mem. dec.) (Ind. Ct. App. 2015). “[11] When an offender confined in the DOC seeks to commence an action, he is required to comply with the requirements set out in I.C. § 33-37-3-3 (West, Westlaw current with P.”
Lakesha L. Norington v. State of Indiana (mem. dec.) (Ind. Ct. App. 2018). “67, as calculated by the trial court pursuant to Ind. Code § 33-37-3-3 . On appeal, Norington argues that the trial court’s dismissal was improper.”
Ind. Code § 33-37-3-3(d): 2 cases
Charles J. Davis Sr. v. Jay Phelps, Bartholomew Cnty. Clerk, 62 N.E.3d 430 (Ind. Ct. App. 2016). “[4] Indiana Code section 33-37-3-3 provides that, as a general rule, incarcerated persons must pay a partial filing fee.”
Mitchell Sigman v. State of Indiana & Sharon Hawk (mem. dec.) (Ind. Ct. App. 2015). “[11] When an offender confined in the DOC seeks to commence an action, he is required to comply with the requirements set out in I.C. § 33-37-3-3 (West, Westlaw current with P.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.