Forma Pauper

Proceedings in Porma Pauperis

Before any judicial proceedings are permitted to be prosecuted or defended pursuant to Louisiana Code of Civil Procedure, Article 5181, et seq. (Waiver of Costs for Indigent Party), the applicant and the affiant attesting to the applicant's inability to pay the costs of court shall appear before the Duty Judge at the morning hour so that the Court may properly comply with C.C.P. 5183(2) by inquiring into the acts and satisfying itself that the applicant is entitled to the privilege to be granted; or applicant is entitled to the privilege to be granted; or at the Court's discretion, the applicant may accompany a motion to proceed, and the attestation of a third person, with detailed personal economic facts, all under oath, and containing not less than the information provided for in Appendix 3 to the rules for Louisiana District Courts.

All proceedings must be filed with the Clerk of Court and routinely allotted before the matter is considered to permit proper entries to be made for purposes of review should the order be disallowed.

If a judicial proceeding is filed and sought to be prosecuted in forma pauperis and the court refuses to permit the applicant to so proceed, the court may order that the applicant be allowed fifteen days within which to advance the necessary costs, and in default of same, the dismissal without prejudice of the proceeding.

If applicant does not within fifteen days from the date of filing either seek a hearing or submit the supporting documents as required by this Rule, the proceeding may be dismissed without prejudice and ex parte upon the motion of any party at interest.

Any part or all of the Rule may be waived by the court when the applicant is in the custody of the Department of Corrections or is otherwise incarcerated and such other or additional requirements for proceeding in forma pauperis may be imposed as are deemed appropriate and in accordance with law.

Denied Pauper Motions

If a pauper motion is denied by the judge, a copy of the order page indicating the denied status and signature of judge is mailed to the respective litigant/attorney for payment of cost due.