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 Washington Affidavit for Waiver of Court Costs on Grounds of Indigence is a legal document used in the state of Washington to request a waiver of court costs based on the individual's inability to pay. This affidavit is specifically designed for individuals who are considered indigent and cannot afford to cover the expenses associated with court proceedings. By submitting this affidavit, individuals are asking the court to exempt them from paying court costs, fees, and other expenses typically incurred during legal proceedings. The affidavit serves as evidence of their financial situation and justifies their request for a waiver. Keywords: Washington, affidavit, waiver, court costs, indigence, legal document, exemption, fees, financial situation. In Washington, there may be different types of Washington Affidavit for Waiver of Court Costs on Grounds of Indigence based on the particular court division or type of case. A few examples are: 1. Family Law Cases: This type of affidavit may be used in family law matters such as divorce, child custody disputes, or child support modifications, where one or both parties demonstrate financial hardship and are unable to afford court costs. 2. Civil Litigation: In civil cases, such as personal injury claims, landlords-tenant disputes, or contract disagreements, an individual facing financial hardship may submit this affidavit to waive court costs. 3. Criminal Cases: Indigent individuals who are accused of a crime and cannot afford legal representation or court fees may use this affidavit in criminal proceedings. The court will assess their financial situation to determine eligibility for a waiver. 4. Small Claims Court: For cases heard in small claims court, where individuals represent themselves without legal representation, an affidavit for the waiver of court costs based on indigence may be submitted for those who cannot afford the associated expenses. 5. Probate and Estate Matters: When dealing with wills, estates, or probate matters, an indigent individual may utilize this affidavit to seek a waiver of court costs, as the expenses involved can often be substantial. It is important to note that each court division or case may require specific forms or affidavits tailored to their unique requirements. Therefore, it is essential to consult with the specific court or legal resources to ensure the correct affidavit is used for a particular case type or court division in Washington state.
