(a) Subject to the provisions of subsection (b) of this section with respect to prison inmates, any superior or district court judge or clerk of the superior court may authorize a person to sue as an indigent in their respective courts when the person makes affidavit that he or she is unable to advance the required court costs. The clerk of superior court shall authorize a person to sue as an indigent if the person makes the required affidavit and meets one or more of the following criteria:
(1) Receives electronic food and nutrition benefits.
(2) Receives Work First Family Assistance.
(3) Receives Supplemental Security Income (SSI).
(4) Is represented by a legal services organization that has as its primary purpose the furnishing of legal services to indigent persons.
(5) Is represented by private counsel working on the behalf of or under the auspices of a legal services organization under subdivision (4) of this section.
(6) Repealed by Session Laws 2002-126, s. 29A.6(d), effective October 1, 2002.
A superior or district court judge or clerk of superior court may authorize a person who does not meet one or more of these criteria to sue as an indigent if the person is unable to advance the required court costs. The court to which the summons is returnable may dismiss the case and charge the court costs to the person suing as an indigent if the allegations contained in the affidavit are determined to be untrue or if the court is satisfied that the action is frivolous or malicious.
(b) Whenever a motion to proceed as an indigent is filed pro se by an inmate in the custody of the Division of Prisons of the Department of Adult Correction, the motion to proceed as an indigent and the proposed complaint shall be presented to any superior court judge of the judicial district. This judge shall determine whether the complaint is frivolous. In the discretion of the court, a frivolous case may be dismissed by order. The clerk of superior court shall serve a copy of the order of dismissal upon the prison inmate. If the judge determines that the inmate may proceed as an indigent, the clerk of superior court shall issue service of process nunc pro tunc to the date of filing upon the defendant. (C.C.P., s. 72; 1868-9, c. 96, s. 2; Code, ss. 210, 211; Rev., ss. 451, 452; C.S., s. 494; 1971, c. 268, s. 4; 1993, c. 435, s. 1; 1995, c. 102, s. 1; 1995 (Reg. Sess., 1996), c. 591, s. 4; 1997-443, s. 12.22; 2002-126, s. 29A.6(d); 2007-97, s. 1; 2011-145, s. 19.1(h); 2017-158, s. 19; 2017-186, s. 2(a); 2021-180, s. 19C.9(p).)
Notes of Decisions
Cited in
16
cases (
1 in the last 5 years), 1982–2026 · leading case:
Griffis v. Lazarovich, 595 S.E.2d 797 (N.C. Ct. App. 2004).
Griffis v. Lazarovich, 595 S.E.2d 797 (N.C. Ct. App. 2004).
· cites it 72× “§ 1-288 (2003), a person seeking to proceed in forma pauperis on appeal is required to file an affidavit indicating that he or she is unable by reason of poverty to give the security required by law within thirty days after the entry of the judgment or order.”
Loren v. Jackson, 291 S.E.2d 310 (N.C. Ct. App. 1982).
· cites it 8× “Another statute, G.S. § 1-110, provides that the court "may assign to the person suing as a pauper learned counsel, who shall prosecute his action.”
Dalenko v. Peden Gen. Contractors, Inc., 676 S.E.2d 625 (N.C. Ct. App. 2009).
· cites it 2× “This order forbade Dalenko from filing any documents with the Clerk of Superior Court of Wake County unless: (1) Dalenko was indigent and filing pursuant to N.C. Gen. Stat. § 1-110 ; or (2) the document contained a certification by a licensed attorney that it complied with the…”
In re McCarroll, 327 S.E.2d 880 (N.C. 1985).
· cites it 2× “Applicant subsequently filed a written motion that he be declared a pauper.”
Dalenko v. Stephens, 917 F. Supp. 2d 535 (E.D.N.C. 2013).
“1-110, she shall not file, or attempt to file, any documents with the Office of the Clerk of Superior Court of Wake County unless such document contains a certification by an attorney licensed under the laws of the State of North Carolina to practice law in North Carolina that…”
Gray v. Bryant, 658 S.E.2d 537 (N.C. Ct. App. 2008).
· cites it 2× “N.C. Gen. Stat. § 1-110 . Plaintiff, by alleging that defendants failed to follow a court order or took actions detrimental to his health, could have a cause of action if his allegations were proven.”
Price v. Paschall, 812 S.E.2d 914 (N.C. Ct. App. 2018).
· cites it 22× “§ 1-110 states as follows: (a) Subject to the provisions of subsection (b) of this section with respect to prison inmates, any superior or district court judge or clerk of the superior court may authorize a person to sue as an indigent in their respective courts when the person…”
River Hills Apts. v. Hardy, 609 S.E.2d 499 (N.C. Ct. App. 2005).
· cites it 2× “See N.C. Gen. Stat. § 1-110 (2003). On 31 December 2003, the Clerk of Rutherford County Superior Court granted defendant indigent status.”
Sartori v. NC Dep't of Pub. Saf. (N.C. Ct. App. 2015).
· cites it 10× “Shanahan (“Shanahan”) in their official capacities as NCDPS officers, and several telecommunications providers (the “providers”) (collectively, “Defendants”) as frivolous pursuant to N.C. Gen. Stat. § 1-110 (b). SARTORI V. NCDPS Opinion of the Court After careful review, we…”
Griffith v. Keller, 691 S.E.2d 766 (N.C. Ct. App. 2010).
· cites it 4× “Standard of Review N.C. Gen. Stat. § 1-110 (b) (2007) states in pertinent part: Whenever a motion to proceed as an indigent is filed pro se by an inmate in the custody of the Department of Correction, the motion to proceed as an indigent and the proposed complaint shall be…”
— N.C. Gen. Stat. § 1-110(a) — 1 case
Griffis v. Lazarovich, 595 S.E.2d 797 (N.C. Ct. App. 2004).
“§ 1-288 (2003), a person seeking to proceed in forma pauperis on appeal is required to file an affidavit indicating that he or she is unable by reason of poverty to give the security required by law within thirty days after the entry of the judgment or order.”
— N.C. Gen. Stat. § 1-110(b) — 1 case
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