Court costs include filing fees, charges for serving summons and subpoenas, court reporter charges for depositions, court transcripts and copying papers and exhibits. Court costs are often awarded to the successful party in a lawsuit. Attorneys' fees can be included as court costs only if there is a statute providing for attorneys' fee awards in a particular type of case, or if the case involved a contract which had an attorneys' fee clause. Some statutes provide that costs may be waived upon the petition of an indigent person in certain cases where otherwise a person would be deprived of their due process rights of access to the judicial system.
Although laws vary by jurisdiction, a judge usually has discretion to order the a party to pay the opposing party their court costs when the party so ordered puts forth an action, claim, defense or appeal that is frivolous, groundless in fact or in law, or vexatious, or put forth for any improper purpose, including, to cause unnecessary delay or needless increase in the cost of litigation.
In this case, the term Indigency refers to a party to a law suit who cannot afford to pay court costs.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
The North Carolina Affidavit for Waiver of Court Costs on Grounds of Indigence is a legal document that allows individuals who are facing financial hardship to request exemption from paying court fees and costs associated with their case. This affidavit provides a means for indigent individuals to seek relief from the financial burden of legal proceedings. In North Carolina, there are several types of Affidavits for Waiver of Court Costs on Grounds of Indigence that individuals may use depending on their specific circumstances: 1. Civil Court Cases: For individuals involved in civil court cases such as small claims, family law, landlord-tenant disputes, or other civil matters, they can file the Affidavit for Waiver of Court Costs to request a waiver of these expenses. 2. Criminal Court Cases: Defendants facing criminal charges in North Carolina can also file an Affidavit for Waiver of Court Costs to seek exemption from paying court fees and costs associated with their defense. 3. Traffic Violations: Individuals who have been issued traffic citations or violations may utilize a specific type of Affidavit for Waiver of Court Costs tailored to traffic-related cases. The intent behind these affidavits is to ensure that individuals who cannot afford to pay court costs are not denied access to justice due to financial constraints. By completing and submitting the affidavit, legal authorities can assess the individual's financial situation and determine if they qualify for a waiver. Keywords: North Carolina, Affidavit for Waiver of Court Costs, grounds of indigence, financial hardship, exemption, legal document, civil court cases, criminal court cases, traffic violations, small claims, family law, landlord-tenant disputes, financial burden, access to justice.
