814.29 Security for costs, service and fees for indigents.

315 words·~1 min read·/wi/chapter-814/814-29

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Except as provided in sub.

(1m), any person may commence, prosecute or defend any action or special proceeding in any court, or any writ of error or appeal therein, without being required to give security for costs or to pay any service or fee, upon order of the court based on a finding that because of poverty the person is unable to pay the costs of the action or special proceeding, or any writ of error or appeal therein, or to give security for those costs.

(b)A person seeking an order under par.

(a)shall file in the court an affidavit in the form prescribed by the judicial conference, setting forth briefly the nature of the cause, defense or appeal and facts demonstrating his or her poverty.

(c)The finding and order of the court under par.

(a)shall be in the form prescribed by the judicial conference. The court may deny the request for an order if the court finds that the affidavit states no claim, defense or appeal upon which the court may grant relief.

(d)The court shall make a finding of poverty and issue an order under par.

(a)if the affidavit demonstrates any of the following:

1. That the person is a recipient of means-tested public assistance, including aid to families with dependent children, relief funded by a relief block grant under ch. 49 , relief provided by counties under s. 59.53

(21), medical assistance, supplemental security income, food stamps or benefits received by veterans under s. 45.40

(1m)or under 38 USC 1501 to 1562 .

2. That the person is represented by an attorney through a legal services program for indigent persons, including, without limitation, those funded by the federal legal services corporation, the state public defender or volunteer attorney programs based on indigency.