Louisiana Code § CCP 5183

Affidavits of poverty; documentation; order
Open in Lexace · Ask the AI about this section
A. A person who wishes to exercise the privilege granted in this Chapter shall apply to the court for permission to do so in his first pleading, or in an ex parte written motion if requested later, to which the applicant shall annex the following: (1) The applicant's affidavit that the applicant is unable to pay the costs of court in advance, or as they accrue, or to furnish security therefor, because of the applicant's poverty and lack of means, accompanied by any supporting documentation. (2) The affidavit of a third person other than the applicant's attorney that he knows the applicant, knows the applicant's financial condition, and believes that the applicant is unable to pay the costs of court in advance, or as they accrue, or to furnish security therefor. (3) Repealed by Acts 2023, No. 5, §3. B.(1) Upon the filing of the completed application and supporting affidavits, the court shall render an order that does one of the following: (a) Grants the application and allows the applicant to litigate or to continue the litigation without paying the costs in advance. (b) Denies the application with written reasons for such denial. (c) Sets the matter for a contradictory hearing. (2) The submission by the applicant of supporting documentation that the applicant is receiving public assistance benefits or that the applicant's income is less than or equal to one hundred twenty-five percent of the federal poverty level shall create a rebuttable presumption that the applicant is entitled to the privilege granted in this Chapter. If the court finds that the presumption has been rebutted, it shall provide written reasons for its finding. (3) The court may reconsider its original order granting the application on its own motion at any time in a contradictory hearing.

‹ Prev All Louisiana sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.