Section 623-B:3 Affidavit.
I. A court may authorize the commencement, prosecution, or defense of any civil action or proceeding without prepayment of fees and costs, by an inmate who makes an affidavit that such inmate is unable to pay such fees or costs. The affidavit shall contain complete information as to the inmate's identity, nature, and amount of income, spouse's income if available to the inmate, property owned, cash or checking accounts, dependents, debts and monthly expenses and the amount of money deposited in such inmate's account for the last 3 months. The affidavit shall contain a statement under oath that the claim has not been previously brought against the same parties or from the same operative facts in any state or federal court. The court may develop a form questionnaire which it may require by local rule to be filed to implement this statute.
II. A court in which an affidavit of inability to pay has been filed may dismiss the action in whole or in part on a finding that the allegation of poverty is false; or the action or a portion of the action is frivolous or malicious. In determining whether an action is frivolous or malicious, the court may consider whether the claim has no arguable basis in law or fact; or whether the claim is substantially similar to a previous claim either in that it is brought against the same parties or in that the claim arises from the same operative facts as a previous claim. If a portion of the action is dismissed, the court shall also designate the issues and defendants on which the action is to proceed without paying costs. This order is subject only to an interlocutory appeal.
III. If the court authorizes the commencement of the action and the court concludes, based on information contained in the affidavit or other information available to the court, that such inmate is able to pay part of the fees or costs, then the court shall order a partial payment to be made as a condition of the commencement or further prosecution of the action.
Source. 1995, 296:2, eff. Jan. 1, 1996.