NRS
12.015 Actions involving indigent persons.
1. Any person who desires to prosecute or
defend a civil action without paying the costs for prosecuting or defending the
action may:
(a) File, on a form provided by the court, an
application to proceed as an indigent litigant, which must include a
declaration that complies with the provisions of NRS 53.045; or
(b) If the person is a client of a program for
legal aid, submit to the court a statement of representation or otherwise
indicate to the court that the person is a client of a program for legal aid.
2. The court shall allow a person to
commence or defend the action without costs and file or issue any necessary
writ, process, pleading or paper without charge if:
(a) Based on its review of an application filed
pursuant to paragraph (a) of subsection 1, the court determines that the
application should be granted and the person may proceed as an indigent
litigant because the person:
(1) Is receiving benefits provided by a
federal or state program of public assistance;
(2) Has a household net income which is
equal to or less than 150 percent of the federally designated level signifying
poverty as provided in the most recent federal poverty guidelines published in
the Federal Register by the United States Department of Health and Human
Services;
(3) Has expenses for the necessities of
life that exceed his or her income; or
(4) Has otherwise shown compelling reasons
that he or she cannot pay the costs of prosecuting or defending the action.
(b) The person has submitted a statement of
representation or otherwise indicated to the court that the person is a client
of a program for legal aid pursuant to paragraph (b) of subsection 1.
Ê The sheriff
or another appropriate public officer within this State shall make personal
service of any necessary writ, process, pleading or paper without charge for an
applicant whose application has been granted or a person who has submitted a
statement of legal representation or otherwise indicated to the court that the
person is a client of a program for legal aid.
3. If the person is required to have
proceedings reported or recorded, or if the court determines that the
reporting, recording or transcription of proceedings would be helpful to the
adjudication or appellate review of the case, the court shall order that the
reporting, recording or transcription be performed at the expense of the county
in which the action is pending but at a reduced rate as set by the county.
4. If the person prevails in the action,
the court shall enter its order requiring the losing party to pay into court
within 5 days the costs which would have been incurred by the prevailing party,
and those costs must then be paid as provided by law.
5. If an applicant files an application to
proceed as an indigent litigant pursuant to paragraph (a) of subsection 1 to
defend an action, the running of the time within which to appear and answer or
otherwise defend the action is tolled during the period between the filing of
the application and the decision of the court to grant or deny the application.
6. The filing of an application to proceed
as an indigent litigant pursuant to paragraph (a) of subsection 1 and any
application or request filed with the application and the submission of a
statement of legal representation or other indication to the court that the
person is a client of a program for legal aid pursuant to paragraph (b) of
subsection 1 do not constitute a general appearance before the court by the
applicant or person or give the court personal jurisdiction over the applicant
or person.
7. The decision of a court granting or
denying an application to proceed as an indigent litigant filed pursuant to
paragraph (a) of subsection 1 is not appealable.
8. As used in this section, “client of a
program for legal aid” means a person:
(a) Who is represented by an attorney who is
employed by or volunteering for a program for legal aid organized under the
auspices of the State Bar of Nevada, a county or local bar association, a
county or municipal program for legal services or other program funded by this
State or the United States to provide legal assistance to indigent persons; and
(b) Whose eligibility for such representation is
based upon indigency.
(Added to NRS by 1967,
1209; A 1989,
201; 1991,
455; 2005,
197; 2021,
489)
Notes of Decisions
Jordan v. State Ex Rel. Dep't of Motor Vehs. & Pub. Saf., 110 P.3d 30 (Nev. 2005).
· cites it 6× “4 Accordingly, Nevada Supreme Court Rule 44 generally allows for self-representation in all lower courts, and NRS 12.015 permits an indigent person to proceed in forma pauperis, without the payment of court costs and fees.”
Barnes v. Eighth Jud. Dist. Court, 748 P.2d 483 (Nev. 1988).
· cites it 13× “Doyle’s petition, like the Barnes, Frankell, and Luera complaints, was accompanied by a motion to proceed in forma pauperis. On December 26, 1986, respondent sent Doyle a letter stating that he had failed to submit the affidavit of an attorney to support his motion to proceed in…”
Rodriguez v. Eighth Jud. Dist. Court of State of Nevada, 102 P.3d 41 (Nev. 2004).
“NRS 12.015; see Nikander, 711 P.2d at 1263 (“ ‘The relevant consideration in determining indigency is whether the petitioner’s current financial status affords him equal access to the legal process.”
Casper v. Huber, 456 P.2d 436 (Nev. 1969).
“…permits such child to associate with vagrants, vicious or immoral persons, or to live in a disreputable place. 3 NRS 12.015(1)(a)(2).”
Rodriguez v. Dist. Ct., 102 P.3d 41 (Nev. 2004).
“[15] NRS 12.015; see Nikander, 711 P.2d at 1263 ("`The relevant consideration in determining indigency is whether the petitioner's current financial status affords him equal access to the legal process.”
Peck Vs. Valley Hosp. Med. Ctr., 2017 NV 108 (Nev. 2017).
· cites it 8× “Thus, we determined that "by conditioning the waiver of filing fees on an indigent's ability to obtain the certificate of an attorney that the indigent's cause of action or defense has merit, NRS 12.015 violates the equal protection guarantees contained in the Nevada and United…”
Peck Vs. Valley Hosp. Med. Ctr., 2017 NV 108 (Nev. 2017).
· cites it 4× “Thus, we determined that "by conditioning the waiver of filing fees on an indigent's ability to obtain the certificate of an attorney that the indigent's cause of action or defense has merit, NRS 12.015 violates the equal protection guarantees contained in the Nevada and United…”
Quintero v. the First Jud. Dist. Ct. (Nev. 2017).
· cites it 3× “The documents presented by petitioner indicate that he had adequate funds to pay the filing fee for a civil action, see NRS 12.015(1) (requiring a petitioner seeking to proceed in forma pauperis to file an affidavit setting forth the income, property and other resources which…”
In re: Quashawn Shaquan Sheridan (D. Nev. 2025).
· cites it 2× “25 Unit | states District Judge 26 ' Sheridan may seek to proceed in forma pauperis in the Eighth Judicial District Court for Clark County, Nevada by filing an application for a waiver of costs and fees under Nev. Rev. Stat. § 12.015 .”
Klinke v. Corda (Nev. 2017).
“See NRAP 3A(b) (listing orders and judgments from which an appeal may be taken); NRS 12.015(7) (orders regarding indigency not appealable); see also Barnes v.”
— Nev. Rev. Stat. § 12.015(1) — 5 cases
Barnes v. Eighth Jud. Dist. Court, 748 P.2d 483 (Nev. 1988).
“Doyle’s petition, like the Barnes, Frankell, and Luera complaints, was accompanied by a motion to proceed in forma pauperis. On December 26, 1986, respondent sent Doyle a letter stating that he had failed to submit the affidavit of an attorney to support his motion to proceed in…”
Peck Vs. Valley Hosp. Med. Ctr., 2017 NV 108 (Nev. 2017).
“Thus, we determined that "by conditioning the waiver of filing fees on an indigent's ability to obtain the certificate of an attorney that the indigent's cause of action or defense has merit, NRS 12.015 violates the equal protection guarantees contained in the Nevada and United…”
Peck Vs. Valley Hosp. Med. Ctr., 2017 NV 108 (Nev. 2017).
“Thus, we determined that "by conditioning the waiver of filing fees on an indigent's ability to obtain the certificate of an attorney that the indigent's cause of action or defense has merit, NRS 12.015 violates the equal protection guarantees contained in the Nevada and United…”
Quintero v. the First Jud. Dist. Ct. (Nev. 2017).
“The documents presented by petitioner indicate that he had adequate funds to pay the filing fee for a civil action, see NRS 12.015(1) (requiring a petitioner seeking to proceed in forma pauperis to file an affidavit setting forth the income, property and other resources which…”
— Nev. Rev. Stat. § 12.015(1)(a)(1) — 1 case
Jordan v. State Ex Rel. Dep't of Motor Vehs. & Pub. Saf., 110 P.3d 30 (Nev. 2005).
“4 Accordingly, Nevada Supreme Court Rule 44 generally allows for self-representation in all lower courts, and NRS 12.015 permits an indigent person to proceed in forma pauperis, without the payment of court costs and fees.”
— Nev. Rev. Stat. § 12.015(1)(a)(2) — 1 case
Casper v. Huber, 456 P.2d 436 (Nev. 1969).
“…permits such child to associate with vagrants, vicious or immoral persons, or to live in a disreputable place. 3 NRS 12.015(1)(a)(2).”
— Nev. Rev. Stat. § 12.015(2) — 1 case
Quintero v. the First Jud. Dist. Ct. (Nev. 2017).
“The documents presented by petitioner indicate that he had adequate funds to pay the filing fee for a civil action, see NRS 12.015(1) (requiring a petitioner seeking to proceed in forma pauperis to file an affidavit setting forth the income, property and other resources which…”
— Nev. Rev. Stat. § 12.015(2)(b) — 2 cases
— Nev. Rev. Stat. § 12.015(4) — 1 case
Barnes v. Eighth Jud. Dist. Court, 748 P.2d 483 (Nev. 1988).
“Doyle’s petition, like the Barnes, Frankell, and Luera complaints, was accompanied by a motion to proceed in forma pauperis. On December 26, 1986, respondent sent Doyle a letter stating that he had failed to submit the affidavit of an attorney to support his motion to proceed in…”
— Nev. Rev. Stat. § 12.015(7) — 5 cases
Quintero v. the First Jud. Dist. Ct. (Nev. 2017).
“The documents presented by petitioner indicate that he had adequate funds to pay the filing fee for a civil action, see NRS 12.015(1) (requiring a petitioner seeking to proceed in forma pauperis to file an affidavit setting forth the income, property and other resources which…”
Klinke v. Corda (Nev. 2017).
“See NRAP 3A(b) (listing orders and judgments from which an appeal may be taken); NRS 12.015(7) (orders regarding indigency not appealable); see also Barnes v.”
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