IC 33-37-3
    Chapter 3. General Court Costs Provisions for Civil Actions

IC 33-37-3-1
Collection of fees in civil or paternity actions brought by or onbehalf of state or political subdivisions
    Sec. 1. (a) The fees prescribed in civil actions or paternity actionsmay not be collected from the state or a political subdivision in anaction brought by or on behalf of the state or the politicalsubdivision.
    (b) This section does not prevent collecting fees from a defendantwhen the state or political subdivision is successful in its action.
As added by P.L.98-2004, SEC.16.

IC 33-37-3-2
Indigent persons; relief from or waiver of fees and court costs incivil actions or appointment of guardian
    Sec. 2. (a) Except as provided in subsection (b), a person entitledto bring a civil action or to petition for the appointment of a guardianunder IC 29-3-5 may do so without paying the required fees or othercourt costs if the person files a statement in court, under oath and inwriting:
        (1) declaring that the person is unable to make the payments orto give security for the payments because of the person'sindigency;
        (2) declaring that the person believes that the person is entitledto the redress sought in the action; and
        (3) setting forth briefly the nature of the action.
    (b) If a person brings a civil action or petition for the appointmentof a guardian under IC 29-3-5, a clerk shall waive the payment ofrequired fees or other court costs by the person without courtapproval if:
        (1) the person is represented by an attorney:
            (A) who is employed by Indiana Legal Services or anothercivil legal aid program; or
            (B) who:
                (i) is serving as a pro bono attorney; and
                (ii) obtained the person as a client through a direct referralfrom a pro bono district associated with one (1) of thefourteen (14) administrative districts in Indiana establishedby the Indiana Rules of Court Administrative Rule 3(A);and
        (2) the attorney files a statement with the clerk that:
            (A) seeks relief from paying the required fees or other courtcosts;
            (B) declares that the person believes that the person isentitled to the redress sought in the action;
            (C) sets forth briefly the nature of the action;
            (D) is accompanied by an approved affidavit of indigency;and            (E) is signed by the attorney.
    (c) This section does not prohibit a court from reviewing andmodifying a finding of indigency by the court or a clerk if a personwho received relief from the payment of required fees or other courtcosts ceases to qualify for the relief.
As added by P.L.98-2004, SEC.16. Amended by P.L.89-2009, SEC.1.

IC 33-37-3-3
Actions commenced by person confined by department ofcorrection
    Sec. 3. (a) When an offender confined by the department ofcorrection commences an action or a proceeding without paying feesor other court costs under section 2 of this chapter, the offender shallobtain from the appropriate official of the correctional facility orfacilities at which the offender is or was confined a certified copy ofthe prisoner's trust fund account statement for the six (6) monthsimmediately preceding submission of the complaint or petition. Theoffender shall file the trust fund account statement in addition to thestatement required under section 2 of this chapter.
    (b) The offender shall pay a partial filing fee that is twentypercent (20%) of the greater of:
        (1) the average monthly deposits to the offender's account; or
        (2) the average monthly balance in the offender's account;
for the six (6) months immediately preceding the filing of thecomplaint or petition. However, the fee may not exceed the fullstatutory fee for the commencement of actions or proceedings.
    (c) If the offender claims exceptional circumstances that renderthe offender unable to pay the partial filing fee required by thissection, in addition to the statement required by section 2 of thischapter and the statement of account required by subsection (a), theoffender shall submit an affidavit of special circumstances settingforth the reasons and circumstances that justify relief from the partialfiling fee requirement.
    (d) If the court approves the application to waive all fees, thecourt shall give written notice to the offender that all fees and costsrelating to the filing and service will be waived. If the court deniesthe application to waive all fees, the court shall give written noticeto the offender that the offender's case will be dismissed if the partialfiling fee is not paid not later than forty-five (45) days after the dateof the order, or within an additional period that the court may, uponrequest, allow. Process concerning the offender's case may not beserved until the fee is paid.
As added by P.L.98-2004, SEC.16.

IC 33-37-3-4
Recovery of costs
    Sec. 4. A party for whom judgment is entered in a civil action isentitled to recover costs.
As added by P.L.98-2004, SEC.16.
IC 33-37-3-5
Prepayment of fees; appeals to circuit courts
    Sec. 5. The prepayment of fees under this chapter is not requiredin an appeal of a civil matter to a circuit court from a court of inferiorjurisdiction.
As added by P.L.98-2004, SEC.16.

IC 33-37-3-6
Inclusion of service of process by mail in court costs fee
    Sec. 6. Court costs fees under this chapter include service ofprocess by certified mail, unless service by the sheriff is requested bythe person who institutes the action.
As added by P.L.98-2004, SEC.16.

IC 33-37-3-7
Private service of process; reimbursement of cost
    Sec. 7. If personal service of process is carried out by a processserver other than the sheriff, the party who paid for the privateservice is entitled to reimbursement of the cost of the private serviceas a part of any judgment that party may recover.
As added by P.L.98-2004, SEC.16.

IC 33-37-3-8
Name change actions; separate fee
    Sec. 8. Notwithstanding IC 33-37-4-4, the clerk may not collecta separate civil fee for a name change action initiated underIC 31-15-2-18.
As added by P.L.98-2004, SEC.16.

IC 33-37-3-9
Prepayment of fees; exceptions
    Sec. 9. Prepayment of fees is not required in proceedings foreither of the following:
        (1) Adoption.
        (2) The appointment of a guardian.
As added by P.L.98-2004, SEC.16.