2019 Connecticut General Statutes
Title 52 - Civil Actions
Chapter 901 - Damages, Costs and Fees
Section 52-259b - Waiver of fees and payment of the cost of service of process for indigent party.
(a) In any civil or criminal matter, if the court finds that a party is indigent and unable to pay a fee or fees payable to the court or to pay the cost of service of process, the court shall waive such fee or fees and the cost of service of process shall be paid by the state.
(b) There shall be a rebuttable presumption that a person is indigent and unable to pay a fee or fees or the cost of service of process if (1) such person receives public assistance, or (2) such person's income after taxes, mandatory wage deductions and child care expenses is one hundred twenty-five per cent or less of the federal poverty level. For purposes of this subsection, “public assistance” includes, but is not limited to, state-administered general assistance, temporary family assistance, aid to the aged, blind and disabled, supplemental nutrition assistance and Supplemental Security Income.
(c) Nothing in this section shall preclude the court from (1) finding that a person whose income does not meet the criteria of subsection (b) of this section is indigent and unable to pay a fee or fees or the cost of service of process, or (2) denying an application for the waiver of the payment of a fee or fees or the cost of service of process when the court finds that (A) the applicant has repeatedly filed actions with respect to the same or similar matters, (B) such filings establish an extended pattern of frivolous filings that have been without merit, (C) the application sought is in connection with an action before the court that is consistent with the applicant's previous pattern of frivolous filings, and (D) the granting of such application would constitute a flagrant misuse of Judicial Branch resources. If an application for the waiver of the payment of a fee or fees or the cost of service of process is denied, the court clerk shall, upon the request of the applicant, schedule a hearing on the application. Nothing in this section shall affect the inherent authority of the court to manage its docket.
(Nov. Sp. Sess. P.A. 81-4, S. 28, 32; P.A. 82-325, S. 3, 7; P.A. 90-261, S. 14, 19; P.A. 99-119; P.A. 04-76, S. 40; P.A. 09-9, S. 31; P.A. 13-310, S. 1.)
History: P.A. 82-325 changed effective date of Nov. Sp. Sess. P.A. 81-4 but without affecting this section; P.A. 90-261 made provisions of section applicable “In any civil or criminal matter”; P.A. 99-119 designated existing provisions as Subsec. (a), added Subsec. (b) establishing a rebuttable presumption of indigency if certain criteria are met, and added Subsec. (c) providing that nothing precludes a court from finding a person whose income does not meet such criteria is indigent and requiring the court clerk upon the applicant's request to schedule a hearing on an application for a fee waiver that has been denied; P.A. 04-76 amended Subsec. (b) by deleting reference to “general assistance”; P.A. 09-9 amended Subsec. (b) by replacing “food stamps” with “supplemental nutrition assistance” and making a technical change, effective May 4, 2009; P.A. 13-310 amended Subsec. (c) by designating existing provision re court's authority to find that a person whose income does not meet criteria specified in Subsec. (b) is indigent and unable to pay fee as Subdiv. (1), adding Subdiv. (2) re court's authority to deny application for a fee waiver or a waiver of the cost of service of process when applicant has engaged in a pattern of previous frivolous filings and the granting of application would constitute a flagrant misuse of Judicial Branch resources, and adding “Nothing in this section shall affect the inherent authority of the court to manage its docket.”.
