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454.410 Payment of fees and court costs by inmates -- Waiver.
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When an inmate commences, intervenes, or becomes a party to an action or
an appeal of a judgment in a civil action or proceeding without paying the fees
and court costs imposed by law, the inmate shall prepare an affidavit with a
certified copy of the inmate's prison account statement showing the total
deposits for the six (6) months immediately preceding the inmate's
commencement, intervention, or joining of the action, or an appeal of a
judgment in a civil action or proceeding, if available. If the records are not
available for the preceding six (6) months, all inmate account records that are
available shall be filed with the affidavit.
When an inmate commences, intervenes, or joins an action or an appeal of a
judgment in a civil action or proceeding, the inmate shall pay at least partial
court fees and costs. At a minimum, the inmate shall pay a five dollar ($5) filing
fee unless the court determines the inmate is unable to pay a fee and waives
all fees and costs. If the inmate has the ability to pay a higher amount, the
court shall order the inmate to pay the higher amount. However, the fees and
costs imposed shall not exceed the full amount otherwise imposed by law.
If the court approves the application to waive all fees and costs, the court shall
give written notice to the inmate that all fees and costs relating to the action will
be waived. If the court denies the motion to waive all fees, the court shall give
written notice to the inmate that the inmate's case will be dismissed if the
partial fees and costs are not paid within forty-five (45) days after the date of
the order, or within an additional period that the court may, upon request, allow.
Process concerning the inmate's case shall not be served until the filing fee
and the fee relating to service of process is paid.
If the inmate claims exceptional circumstances that render the inmate unable
to pay at least the partial fees and costs ordered by the court, then the inmate
shall submit, in addition to the statement of account required by this section, a
copy of the detailed canteen expenditure sheet, and an affidavit of special
circumstances setting forth the reasons and circumstances that justify relief
from the partial fees and costs requirement.
In no event shall an inmate bring a civil action or appeal a judgment in a civil
action or proceeding under this section if the inmate has, on three (3) or more
occasions within a five (5) year period, while incarcerated or detained in any
facility, brought an action or appeal in any court that was dismissed on the
grounds that it was frivolous, malicious, or harassing, unless the prisoner is
under imminent danger of serious physical injury, without paying the entire
filing fee in full.
Effective:July 15, 2002
History: Amended 2002 Ky. Acts ch. 11, sec. 4, effective July 15, 2002. -- Created
1996 Ky. Acts ch. 118, sec. 2, effective July 15, 1996.
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