Abstract: Provides with respect to in forma pauperis proceedings.
Present law (C.C.P. Art. 5183) provides for the filing of an application to proceed in forma pauperis
and permits the court to grant the application and allow the applicant to proceed without the payment
of costs in advance.
Proposed law retains present law but requires the court to do one of three things upon the filing of
an application to proceed in forma pauperis: (1) grant the application, (2) deny the application and
provide written reasons for the denial, or (3) set the matter for a contradictory hearing.
Present law (C.C.P. Art. 5183) also sets forth a rebuttable presumption that the applicant is entitled
to proceed in forma pauperis if the applicant is receiving public assistance benefits or if the
applicant's income is less than or equal to 125% of the federal poverty level.
Proposed law retains present law and further requires a court that finds that this presumption has
been rebutted to provide written reasons for its finding. Proposed law also makes minor technical
corrections.
Present law (C.C.P. Art. 5185) sets forth the rights of a party who has been permitted to litigate
without the payment of costs in advance until the order granting the application to proceed in forma
pauperis is rescinded.
Proposed law retains present law but recognizes the possibility that the order granting the application
to proceed in forma pauperis may expire in accordance with local court rules. Proposed law also
gives the party proceeding in forma pauperis the right to have a judgment or order filed and to
receive a certified copy of such judgment or order and makes minor technical corrections.
(Amends C.C.P. Arts. 5183(A)(intro. para.), (1), and (2) and (B) and 5185(A) and (B))