CHAPTER 1. PROCEEDING AS AN INDIGENT PERSON

IC 34-10
    ARTICLE 10. ACCESS TO COURTS BY INDIGENTPERSONS

IC 34-10-1
    Chapter 1. Proceeding as an Indigent Person

IC 34-10-1-1
Application for leave to prosecute or defend as an indigent person
    Sec. 1. An indigent person who does not have sufficient means toprosecute or defend an action may apply to the court in which theaction is intended to be brought, or is pending, for leave to prosecuteor defend as an indigent person.
As added by P.L.1-1998, SEC.5.

IC 34-10-1-2
Assignment of attorney
    Sec. 2. (a) This section may not be construed to prohibit a courtfrom participating in a pro bono legal services program or otherprogram that provides legal services to litigants:
        (1) without charge; or
        (2) at a reduced fee.
    (b) If the court is satisfied that a person who makes an applicationdescribed in section 1 of this chapter does not have sufficient meansto prosecute or defend the action, the court:
        (1) shall admit the applicant to prosecute or defend as anindigent person; and
        (2) may, under exceptional circumstances, assign an attorney todefend or prosecute the cause.
    (c) The factors that a court may consider under subsection (b)(2)include the following:
        (1) The likelihood of the applicant prevailing on the merits ofthe applicant's claim or defense.
        (2) The applicant's ability to investigate and present theapplicant's claims or defenses without an attorney, given thetype and complexity of the facts and legal issues in the action.
    (d) The court shall deny an application made under section 1 ofthis chapter if the court determines any of the following:
        (1) The applicant failed to make a diligent effort to obtain anattorney before filing the application.
        (2) The applicant is unlikely to prevail on the applicant's claimor defense.
    (e) All officers required to prosecute or defend the action shall dotheir duty in the case without taking any fee or reward from theindigent person.
    (f) The reasonable attorney's fees and expenses of an attorneyappointed to represent an applicant under section 1 of this chaptershall be paid from the money appropriated to the court:
        (1) appointing the attorney, if the action was not transferred to

another county; or
        (2) from which the action was transferred, if the action wastransferred to another county.
As added by P.L.1-1998, SEC.5. Amended by P.L.125-2002, SEC.1.

IC 34-10-1-3
Filing of claim by an offender with three prior actions dismissed asfrivolous; exception
    Sec. 3. If an offender has filed at least three (3) civil actions inwhich a state court has dismissed the action or a claim underIC 34-58-1-2, the offender may not file a new complaint or petitionas an indigent person under this chapter, unless a court determinesthe offender is in immediate danger of serious bodily injury.
As added by P.L.128-2009, SEC.1.