CHAPTER 610
DEFERRAL OF COSTS

 (In forma pauperis)

Referred to in §610A.1

  
     
610.1  Affidavit — contents — tolling of limitations.
  1.  A court of the district court, court of appeals, or supreme court shall authorize the commencement, prosecution, or defense of a suit, action, proceeding, or appeal, whether civil or criminal, without the prepayment of fees, costs, or security upon a showing that the person is unable to pay such costs or give security. The person shall submit an affidavit stating the nature of the suit, action, proceeding, or appeal and the affiant’s belief that there is an entitlement to redress. Such affidavit shall also include a brief financial statement showing the person’s inability to pay costs, fees, or give security. Any authorization to proceed without prepayment of fees, costs, or security under this chapter may be made by the court without hearing. The filing of an affidavit to proceed without the prepayment of fees, costs, or security tolls the applicable statute of limitations. Upon the denial of an application and affidavit to proceed without the prepayment of fees, costs, or security, the person shall have the remainder of the limitations period in which to pay fees, costs, or give security. This section does not allow the deferral of the cost of a transcript.
  2.  Notwithstanding the provisions of this section, the court shall deny the application and affidavit of an inmate who has had three or more actions dismissed pursuant to section 610A.2. Such inmate shall not be permitted to proceed without prepayment of fees, cost, or security pursuant to this chapter.
86 Acts, ch 1088, §1; 87 Acts, ch 115, §79; 98 Acts, ch 1147, §1, 6; 2021 Acts, ch 76, §150
Referred to in §610A.1
Code editor directive applied

     
610.2  Directions by court.
  When an application and supporting affidavit pursuant to this chapter are filed with the court and approved by the court in a civil or criminal action, the court shall direct the appropriate officers of the court to issue and serve all necessary writs, process, and proceedings.
86 Acts, ch 1088, §2; 88 Acts, ch 1134, §105

     
610.3  Deferral of costs.
  When an application and supporting affidavit are filed and approved by the court and a civil or criminal proceeding is instituted, the court shall order that all fees, costs, and security be deferred until final disposition of the proceeding.
86 Acts, ch 1088, §3; 88 Acts, ch 1134, §106

     
610.4  Order to pay fees, costs, or security — dismissal for failure.
  If after entry of an order authorizing prosecution of the case without prepayment of fees, costs, or security, the court finds that the affidavit of inability to pay was without merit, the court may order the person to pay the fees, costs, or security within fourteen days or the case will be dismissed.
86 Acts, ch 1088, §4

     
610.5  Penalty.
  A person who knowingly and wrongfully invokes the privileges of this chapter without just cause, or who knowingly makes a false statement regarding the person’s inability to pay fees, costs, or security, is guilty of perjury and shall be punished as provided in section 720.2.
86 Acts, ch 1088, §5
Referred to in §610A.2