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.
The Michigan Affidavit for Waiver of Court Costs on Grounds of Indigence is a legal document that allows individuals who cannot afford court fees to request a waiver, ensuring equal access to justice for everyone, regardless of their financial situation. This affidavit is an essential tool for low-income individuals who are unable to pay court costs, such as filing fees or other expenses related to legal proceedings. By filing this affidavit, they can submit their request to the court, providing evidence of their indigence and demonstrating that they are unable to bear the financial burden associated with litigation. The Michigan Affidavit for Waiver of Court Costs on Grounds of Indigence serves as a way for individuals to request a fee waiver without having to sacrifice their legal rights or access to the justice system due to their financial circumstances. This document ensures that they can participate fully in legal proceedings without being hindered by financial constraints. Keywords: Michigan, Affidavit for Waiver, Court Costs, Grounds of Indigence, fee waiver, legal document, low-income individuals, financial situation, equal access to justice, legal proceedings, filing fees, indigence, litigation, evidence, financial burden, legal rights, justice system, financial circumstances, participate, hindered. Different types or variations of the Michigan Affidavit for Waiver of Court Costs on Grounds of Indigence may include: 1. General Affidavit for Waiver of Court Costs on Grounds of Indigence: This is the standard affidavit used by individuals who cannot afford court costs and need to request a fee waiver. 2. Affidavit for Waiver of Court Costs on Grounds of Indigence for Specific Cases: There may be specific affidavits tailored to different types of legal cases, such as family law, civil litigation, criminal defense, or probate matters. These affidavits address the unique circumstances and requirements of each specific case. 3. Temporary Affidavit for Waiver of Court Costs on Grounds of Indigence: This type of affidavit may be used to temporarily waive court costs during the initial stages of a legal proceeding while the court evaluates the indigent individual's financial situation. It allows individuals to access the court system without immediate financial burden. 4. Renewal Affidavit for Waiver of Court Costs on Grounds of Indigence: In situations where legal proceedings extend over an extended period, an individual may need to renew their affidavit periodically. This document reassesses their financial circumstances and ensures their eligibility for continued fee waivers. Keywords: General Affidavit, Affidavit for Specific Cases, Temporary Affidavit, Renewal Affidavit, fee waiver, indigent individual, financial situation, court system, legal proceedings, family law, civil litigation, criminal defense, probate matters, unique circumstances, specific case, initial stages, extended period.
