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South Carolina Affidavit of Indigency and Application for Counsel (Juvenile Delinquency)

State:
South Carolina
Control #:
SC-SKU-1102
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PDF
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Affidavit of Indigency and Application for Counsel (Juvenile Delinquency)

The South Carolina Affidavit of Indigence and Application for Counsel (Juvenile Delinquency) is a document used by individuals in South Carolina who are unable to pay for legal representation in juvenile delinquency cases. It is used to determine the eligibility of a minor or their parents/guardians to receive court-appointed counsel without having to pay for the services. The affidavit is required to be signed by the minor or their parent/guardian in the presence of a notary. There are two types of South Carolina Affidavit of Indigence and Application for Counsel (Juvenile Delinquency): one for the parent/guardian and one for the minor. The parent/guardian affidavit must include information about the parent/guardian's income, assets, and other financial resources. The minor affidavit must include information about the minor's income, assets, and other financial resources. Both affidavits must be accompanied by supporting documentation, such as pay stubs, bank statements, and other financial documents. The completed affidavit and supporting documents must be submitted to the court for review and approval. If the court determines that the minor or parent/guardian is unable to pay for legal representation, counsel will be appointed to the minor free of charge.

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FAQ

This Rule 8(b) is the same as the Federal Rule. It abolishes the "general denial" unless the pleader can controvert every allegation of the complaint, including the jurisdictional allegations. Every allegation must be specifically admitted or denied. Failure to deny constitutes admission.

To be an admissible Affidavit, the acknowledgment must be sworn to be true and correct to the best personal knowledge of the affiant. Furthermore, the affiant must declare that the statements contained in the Affidavit are true and correct under penalties of perjury.

The enforcement powers of the Family Court are known as the ?Contempt Powers,? and are outlined by the South Carolina Code of Laws as follows: (1) up to one year in prison, (2) a fine up to $1,500, and/or (c) up to 300 hours of community service.

RULE 7 The following documents and written statements shall be admissible in evidence without requiring that the persons or institution issuing the documents or statements be present in court: (a) A written statement of a child's attendance at school, signed by a school principal or duly authorized school official.

(d)(8) Service by Certified Mail. Service is effective upon the date of delivery as shown on the return receipt. Service pursuant to this paragraph shall not be the basis for the entry of a default or a judgment by default unless the record contains a return receipt showing the acceptance by the defendant.

The rule to show cause shall be served with the supporting affidavit or verified petition by personal delivery of a duly filed copy thereof to the responding party by the Sheriff, his deputy or by any other person not less than eighteen (18) years of age, not an attorney in or a party to the action.

Form 9 - Letter to Clerk of Lower Court Filing Notice of Appeal, S.C.

If the Court agrees that you have done a good job of attempting service, also known as ?due diligence,? then the Court will sign an ?Order for Service by Publication.? This Order gives you permission to announce the suit in a specific newspaper. This is known as ?Service by Publication.?

More info

Complete this section with the applicant's name, contact information, and case number. Counsel must be appointed if the person seeking representation is "financially unable to obtain counsel." 18 U.S.C. §3006A(b). Find out if you are eligible to have court fees and costs waived, and learn how to apply. Indigency court forms. The original Affidavit of Indigence and Order will be filed, and a copy given to the child and the child's parent(s). In Forma Pauperis Affidavit. Initial Request for Substitute Court Reporter Form. The library cannot help you fill out forms. PDFWordSCCA468PDFWordSCCA400.42SRL‑VISPDFWordSCCA407PDFWordSCCA400.22SRL‑CSM

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South Carolina Affidavit of Indigency and Application for Counsel (Juvenile Delinquency)