TITLE I: Pleadings and Motions; Filing; Entries

 

1.22 Indigence Proceedings

A. Poverty Affidavits

The deposit or costs shall be considered met if a party files an Affidavit of Poverty swearing, in good faith, that the party does not have sufficient funds at present to pay the deposit and there is a certification by the attorney, if any, that no attorney fees have been paid. The filing of a Poverty Affidavit does not relieve a party from liability for court costs. Nothing herein shall be construed to prevent the Court from assessing costs to the other party.

B. Subsequent Deposit

If, during the course of a proceeding, the Court learns that a party, who has filed a Poverty Affidavit, is or has become able to pay the applicable court costs, the Court may order that party to pay the court costs within a reasonable period of time commensurate with the circumstances. Additionally, if it is determined by the Court that there was an intent by the party or the attorney to misrepresent the facts put forth in the affidavit in any way, sanctions may be levied by the Court.

 

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