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Rule 145. Affidavit of Inability

TEXT

A party who is required to give security for costs may file with the clerk or justice of the peace an affidavit that he is too poor to pay the costs of court and is unable to give security therefor; and the clerk or justice shall issue process and perform all other services required of him, in the same manner as if the security had been given. Any party to the suit, or the clerk or justice, shall have the right to contest such affidavit. Such contest may be tried before the trial of the cause, at such time as the court may fix, at the term of court at which the affidavit is filed, after notice thereof has been given to the opposite party or his attorney of record. In the event a contest is filed, the burden shall be on the affiant to prove his alleged inability in open court by evi­dence other than by the affidavit above referred to.

Source: Art. 2070.

Change: Provision is made for contest of the affidavit of inability to pay costs during the term at which the affidavit is filed, after actual notice of the hearing to the party filing the affidavit. The last sentence is added.

Oct. 29, 1940, eff. Sept. 1, 1941.

AMENDMENTS

Dec. 5, 1983, eff. April 1, 1984

July 15, 1987, eff. Jan. 1, 1988

Sept. 19, 2005, eff. Dec. 1, 2005