State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-110

§ 1‑110.  Suit as anindigent; counsel; suits filed pro se by prison inmates.

(a)        Subject to theprovisions of subsection (b) of this section with respect to prison inmates,any superior or district court judge or clerk of the superior court mayauthorize a person to sue as an indigent in their respective courts when theperson makes affidavit that he or she is unable to advance the required courtcosts. The clerk of superior court shall authorize a person to sue as anindigent if the person makes the required affidavit and meets one or more ofthe following criteria:

(1)        Receives electronicfood and nutrition benefits.

(2)        Receives Work FirstFamily Assistance.

(3)        ReceivesSupplemental Security Income (SSI).

(4)        Is represented by alegal services organization that has as its primary purpose the furnishing oflegal services to indigent persons.

(5)        Is represented byprivate counsel working on the behalf of or under the auspices of a legalservices organization under subdivision (4) of this section.

(6)        Repealed by SessionLaws 2002‑126, s. 29A.6(d), effective October 1, 2002.

A superior or district courtjudge or clerk of superior court may authorize a person who does not meet oneor more of these criteria to sue as an indigent if the person is unable to advancethe required court costs. The court to which the summons is returnable maydismiss the case and charge the court costs to the person suing as an indigentif the allegations contained in the affidavit are determined to be untrue or ifthe court is satisfied that the action is frivolous or malicious.

(b)        Whenever a motionto proceed as an indigent is filed pro se by an inmate in the custody of theDepartment of Correction, the motion to proceed as an indigent and the proposedcomplaint shall be presented to any superior court judge of the judicialdistrict. This judge shall determine whether the complaint is frivolous. In thediscretion of the court, a frivolous case may be dismissed by order. The clerkof superior court shall serve a copy of the order of dismissal upon the prisoninmate. If the judge determines that the inmate may proceed as an indigent,service of process upon the defendant shall issue without further order of thecourt. (C.C.P.,s. 72; 1868‑9, c. 96, s. 2; Code, ss. 210, 211; Rev., ss. 451, 452; C.S.,s. 494; 1971, c. 268, s. 4; 1993, c. 435, s. 1; 1995, c. 102, s. 1; 1995 (Reg.Sess., 1996), c. 591, s. 4; 1997‑443, s. 12.22; 2002‑126, s.29A.6(d); 2007‑97, s. 1.)