- (a) Any civil action may be commenced by a resident of this state without giving security as required by law for costs and without the payment of litigation taxes due by:
- (1) Filing the following oath of poverty:
I, ______________, do solemnly swear under penalties of perjury, that owing to my poverty, I am not able to bear the expense of the action which I am about to commence, and that I am justly entitled to the relief sought, to the best of my belief; and
- (2) Filing an accompanying affidavit of indigency as prescribed by court rule.
- (b) The filing of a civil action without paying the costs or taxes or giving security for the costs or taxes does not relieve the person filing the action from responsibility for the costs or taxes but suspends their collection until taxed by the court.
Code 1858, § 3192 (deriv. Acts 1821, ch. 22, §§ 1, 2; 1829, ch. 88, § 1); Acts 1891, ch. 221, § 1; 1897, ch. 100, § 1; 1901, ch. 126, § 1; 1903, ch. 197, § 1; Shan., § 4928; Code 1932, § 9080; Acts 1957, ch. 20, § 1; T.C.A. (orig. ed.), §20-1629; Acts 1983, ch. 393, § 1; 1995, ch. 242, § 1.
Notes of Decisions
Patterson v. Tennessee Dep't of Labor & Workforce Dev., 60 S.W.3d 60 (Tenn. 2001).
· cites it 16× “2 In denying Patterson’s petition, the trial court and the Court of Appeals relied upon Tenn.Code Ann. § 20-12-127, entitled the “Pauper’s oath” statute, which provides: (a) Any civil action may be commenced by a resident of this state without giving security as required by law…”
Lamar Fletcher v. State of Tennessee, 9 S.W.3d 103 (Tenn. 1999).
· cites it 13× “Rule 29 states in relevant part that Pursuant to T.C.A. § 20-12-127(a), any civil action may be commenced by a resident of this state without giving security as required by law for costs and without the payment of litigation taxes due by filing the oath of poverty set out in the…”
Tyrone Spates v. Tracy Howell & Robert Preston, 420 S.W.3d 776 (Tenn. Ct. App. 2013).
· cites it 2× “Tenn.Code Ann. § 20-12-127. Upon the filing of an appropriate affidavit of indigency, the costs are held in abeyance until the end of the litigation.”
Ludlow v. Brinker, 403 So. 2d 969 (Fla. 1981).
“For a good overview and analysis of these various state provisions, see Note, Indigent Access to Civil Courts: The Tiger Is at the Gates, 26 Vand.”
Grenda Harmer v. Turney Ctr. Disciplinary Bd., No. M2016-00506-COA-R3-CV (Tenn. Ct. App. Aug. 30, 2016).
· cites it 4× “After exhausting his appeals to the Warden and the Commissioner of TDOC, Petitioner commenced this action by filing a petition for writ of certiorari, an affidavit of inability to pay costs under Tenn. Code Ann. § 20-12-127 , an affidavit as required by Tenn.”
Josh Boyd v. William Chad Finchum, No. M2025-00192-COA-R3-CV (Tenn. Ct. App. Oct. 2, 2025).
· cites it 4× “Tenn. Code Ann. § 20-12-127 (a). The Tennessee Supreme Court has prescribed the affidavit of indigency in Tennessee Supreme Court Rule 29, which states that the affidavit is to be used in civil cases filed in accordance with Tennessee Code Annotated § 20-12-127.”
Andre Dotson v. Contemporary Media, Inc., d/b/a The Memphis Flyer, & John Branston, No. W2011-01234-COA-R3-CV, 2012 WL 1868255 (Tenn. Ct. App. May 23, 2012).
· cites it 6× “Tennessee Supreme Court Rule 29 provides, in pertinent part: Pursuant to Tenn. Code Ann. § 20-12-127 (a), any civil action may be commenced by a resident of this state without giving security as required by law for costs and without payment of litigation taxes due by filing the…”
Tenn. Code Ann. § 20-12-127(a): 6 cases
Lamar Fletcher v. State of Tennessee, 9 S.W.3d 103 (Tenn. 1999).
“Rule 29 states in relevant part that Pursuant to T.C.A. § 20-12-127(a), any civil action may be commenced by a resident of this state without giving security as required by law for costs and without the payment of litigation taxes due by filing the oath of poverty set out in the…”
Patterson v. Tennessee Dep't of Labor & Workforce Dev., 60 S.W.3d 60 (Tenn. 2001).
“2 In denying Patterson’s petition, the trial court and the Court of Appeals relied upon Tenn.Code Ann. § 20-12-127, entitled the “Pauper’s oath” statute, which provides: (a) Any civil action may be commenced by a resident of this state without giving security as required by law…”
Tenn. Code Ann. § 20-12-127(a)(1): 1 case
Tenn. Code Ann. § 20-12-127(b): 2 cases
Lamar Fletcher v. State of Tennessee, 9 S.W.3d 103 (Tenn. 1999).
“Rule 29 states in relevant part that Pursuant to T.C.A. § 20-12-127(a), any civil action may be commenced by a resident of this state without giving security as required by law for costs and without the payment of litigation taxes due by filing the oath of poverty set out in the…”
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