CHAPTER 3. GENERAL COURT COSTS PROVISIONS FOR CIVIL ACTIONS
IC 33-37-3
Chapter 3. General Court Costs Provisions for Civil Actions
IC 33-37-3-1
Collection of fees in civil or paternity actions brought by or on
behalf of state or political subdivisions
Sec. 1. (a) The fees prescribed in civil actions or paternity actions
may not be collected from the state or a political subdivision in an
action brought by or on behalf of the state or the political
subdivision.
(b) This section does not prevent collecting fees from a defendant
when the state or political subdivision is successful in its action.
As added by P.L.98-2004, SEC.16.
IC 33-37-3-2
Indigent persons; relief from or waiver of fees and court costs in
civil actions or appointment of guardian
Sec. 2. (a) Except as provided in subsection (b), a person entitled
to bring a civil action or to petition for the appointment of a guardian
under IC 29-3-5 may do so without paying the required fees or other
court costs if the person files a statement in court, under oath and in
writing:
(1) declaring that the person is unable to make the payments or
to give security for the payments because of the person's
indigency;
(2) declaring that the person believes that the person is entitled
to the redress sought in the action; and
(3) setting forth briefly the nature of the action.
(b) If a person brings a civil action or petition for the appointment
of a guardian under IC 29-3-5, a clerk shall waive the payment of
required fees or other court costs by the person without court
approval if:
(1) the person is represented by an attorney:
(A) who is employed by Indiana Legal Services or another
civil legal aid program; or
(B) who:
(i) is serving as a pro bono attorney; and
(ii) obtained the person as a client through a direct referral
from a pro bono district associated with one (1) of the
fourteen (14) administrative districts in Indiana established
by the Indiana Rules of Court Administrative Rule 3(A);
and
(2) the attorney files a statement with the clerk that:
(A) seeks relief from paying the required fees or other court
costs;
(B) declares that the person believes that the person is
entitled to the redress sought in the action;
(C) sets forth briefly the nature of the action;
(D) is accompanied by an approved affidavit of indigency;
and
(E) is signed by the attorney.
(c) This section does not prohibit a court from reviewing and
modifying a finding of indigency by the court or a clerk if a person
who received relief from the payment of required fees or other court
costs ceases to qualify for the relief.
As added by P.L.98-2004, SEC.16. Amended by P.L.89-2009, SEC.1.
IC 33-37-3-3
Actions commenced by person confined by department of
correction
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.
As added by P.L.98-2004, SEC.16.
IC 33-37-3-4
Recovery of costs
Sec. 4. A party for whom judgment is entered in a civil action is
entitled to recover costs.
As added by P.L.98-2004, SEC.16.
IC 33-37-3-5
Prepayment of fees; appeals to circuit courts
Sec. 5. The prepayment of fees under this chapter is not required
in an appeal of a civil matter to a circuit court from a court of inferior
jurisdiction.
As added by P.L.98-2004, SEC.16.
IC 33-37-3-6
Inclusion of service of process by mail in court costs fee
Sec. 6. Court costs fees under this chapter include service of
process by certified mail, unless service by the sheriff is requested by
the person who institutes the action.
As added by P.L.98-2004, SEC.16.
IC 33-37-3-7
Private service of process; reimbursement of cost
Sec. 7. If personal service of process is carried out by a process
server other than the sheriff, the party who paid for the private
service is entitled to reimbursement of the cost of the private service
as a part of any judgment that party may recover.
As added by P.L.98-2004, SEC.16.
IC 33-37-3-8
Name change actions; separate fee
Sec. 8. Notwithstanding IC 33-37-4-4, the clerk may not collect
a separate civil fee for a name change action initiated under
IC 31-15-2-18.
As added by P.L.98-2004, SEC.16.
IC 33-37-3-9
Prepayment of fees; exceptions
Sec. 9. Prepayment of fees is not required in proceedings for
either of the following:
(1) Adoption.
(2) The appointment of a guardian.
As added by P.L.98-2004, SEC.16.