Alaska Affidavit For Waiver of Court Costs on Grounds of Indigency

State:
Multi-State
Control #:
US-02710BG
Format:
Word; 
Rich Text
Instant download

Description

Court costs include filing fees, charges for serving summons and subpoenas, court reporter charges for depositions, court transcripts and copying papers and exhibits. Court costs are often awarded to the successful party in a lawsuit. Attorneys' fees can be included as court costs only if there is a statute providing for attorneys' fee awards in a particular type of case, or if the case involved a contract which had an attorneys' fee clause. Some statutes provide that costs may be waived upon the petition of an indigent person in certain cases where otherwise a person would be deprived of their due process rights of access to the judicial system.


Although laws vary by jurisdiction, a judge usually has discretion to order the a party to pay the opposing party their court costs when the party so ordered puts forth an action, claim, defense or appeal that is frivolous, groundless in fact or in law, or vexatious, or put forth for any improper purpose, including, to cause unnecessary delay or needless increase in the cost of litigation.


In this case, the term Indigency refers to a party to a law suit who cannot afford to pay court costs.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

If a party fails to appear at the time and place appointed, the master may proceed ex parte or, in the master's discretion, adjourn the proceedings to a future day, giving notice to the absent party of the adjournment.

The court shall provide for placing criminal proceedings upon appropriate calendars. Preference shall be given to criminal proceedings and the trial of defendants in custody shall be given preference over other criminal cases.

Upon notice to every other party and upon leave of court, a party may deposit with the court all or any part of any sum of money or any other thing capable of physical delivery which is the subject of the action or due under a judgment.

Under Federal Rule of Civil Procedure 45, any party who is at least 18 years old and not a party to the lawsuit can serve a subpoena anywhere in the United States. While it's possible that a government agency would improperly serve a subpoena, in practice, this is rare.

If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court may make such order for the payment of costs of the action previously dismissed as it may deem proper and may stay the proceedings in the action until the ...

At the request of any party subpoenas for attendance at a hearing or trial shall be issued by the clerk of the court for the judicial district in which the hearing or trial is held. A subpoena requiring the attendance of a witness at a hearing or trial may be served at any place within the state.

Rule 40 - Index to Cases (a) The court system shall maintain an index by last name of every party named in every case filed, regardless of whether a party's true name is protected in the public index under paragraphs (b) or (c) of this rule.

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Alaska Affidavit For Waiver of Court Costs on Grounds of Indigency