HB 2995

Abstract

Amends the Code of Civil Procedure. Provides that the court may require that evidence of income accompany the application for leave to sue or defend as an indigent person, and that the affidavit submitted in support of the application shall state that it is made under penalty of perjury. Provides that any other party or his or her agent or attorney may contest the truth of an affidavit of indigency by verifying affirmatively under oath that the affidavit is untrue, and that the issue shall be heard and determined by the court, under the rules of the court. Provides that an attorney may not charge a fee to an applicant for preparation of an application for leave to sue or defend as an indigent person. Provides that the notice apprising litigants of their right to ask for leave to sue without payment of fees must contain language informing the applicant that he or she will be required to reimburse court fees, costs, and charges at the end of the case if he or she receives a monetary judgment or settlement.