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 Mississippi Affidavit for Waiver of Court Costs on Grounds of Indigence is a legal document used by individuals in Mississippi who are unable to afford the court fees associated with a civil or criminal case. This affidavit allows the person to request that the court waive or reduce these fees based on their financial situation. The specific keywords and information related to the Mississippi Affidavit for Waiver of Court Costs on Grounds of Indigence include: 1. Mississippi: This indicates that the affidavit is specific to the state of Mississippi and is governed by the laws and regulations of the state. 2. Affidavit: An affidavit is a sworn written statement made under oath or affirmation. In this case, it is a document through which an individual asserts their indigence status to request a waiver of court costs. 3. Waiver of Court Costs: Court costs refer to the fees associated with filing, processing, and proceeding in a court case. The affidavit allows individuals to request that these fees be waived or reduced due to their financial inability to pay. 4. Grounds of Indigence: This refers to the justification provided by the individual to prove their indigent status. It typically involves demonstrating a lack of income and assets that make it impossible or severely burdensome to afford court costs. Different types or variations of the Mississippi Affidavit for Waiver of Court Costs on Grounds of Indigence may include: 1. Civil Affidavit for Waiver of Court Costs on Grounds of Indigence: This type of affidavit is used in civil cases, such as divorce, child custody, debt collection, or landlord-tenant disputes, where the individual seeks relief from paying court costs. 2. Criminal Affidavit for Waiver of Court Costs on Grounds of Indigence: This type of affidavit is used in criminal cases where the accused party is unable to afford court costs associated with their defense. It may be submitted as part of a request for a public defender or to waive other fees related to criminal proceedings. In conclusion, the Mississippi Affidavit for Waiver of Court Costs on Grounds of Indigence is a legal instrument used in the state of Mississippi to request the waiver or reduction of court fees based on an individual's financial inability to pay. It is available in various types depending on the nature of the case, such as civil or criminal proceedings.
