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. [Pre-2004 Recodification Citation: 33-19-3-2.]
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