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.
Delaware Affidavit for Waiver of Court Costs on Grounds of Indigence is a legal document that allows individuals who are unable to afford the required fees associated with court proceedings to request a waiver of these costs. This affidavit serves as proof of their indigence and their inability to pay for court expenses. The Delaware Affidavit for Waiver of Court Costs on Grounds of Indigence is designed to provide access to justice for those who are experiencing financial hardship. It ensures that everyone, regardless of their economic situation, has an equal opportunity to have their case heard in court. In Delaware, there are several types of Affidavits for Waiver of Court Costs on Grounds of Indigence, which may vary depending on the specific court and the nature of the case. Some common types include: 1. Civil Court Affidavit for Waiver of Court Costs: This affidavit is typically used in civil cases, such as divorce, custody disputes, or civil lawsuits. It allows individuals to request a waiver of court costs associated with filing fees, service fees, and other related expenses. 2. Criminal Court Affidavit for Waiver of Court Costs: In criminal cases, individuals who are facing charges but are unable to afford the necessary court costs can utilize this type of affidavit. It applies to fees associated with filing charges, court-appointed attorneys, and other expenses related to the criminal justice process. 3. Appellate Court Affidavit for Waiver of Court Costs: If a party wishes to appeal a decision made in a lower court and cannot afford the costs associated with the appellate process, they can submit this affidavit. It covers fees for filing an appeal, transcript preparation, and other expenses involved in the appeals process. Overall, the Delaware Affidavit for Waiver of Court Costs on Grounds of Indigence aims to ensure that individuals who cannot afford the expenses associated with court proceedings are not denied access to justice. By providing a means to request the waiver of these costs, it allows individuals to exercise their rights and have their case heard in court, regardless of their financial situation.
