RÉSUMÉ DIGEST
ACT 416 (HB 108) 2021 Regular Session Larvadain
Existing law (C.C.P. Art. 5183) provides for the filing of an application to proceed in forma
pauperis and permits the court to grant the application and allow the applicant to proceed
without the payment of costs in advance.
New law retains existing law but requires the court to do one of three things upon the filing
of an application to proceed in forma pauperis: (1) grant the application, (2) deny the
application and provide written reasons for the denial, or (3) set the matter for a contradictory
hearing.
Existing law (C.C.P. Art. 5183) also sets forth a rebuttable presumption that the applicant
is entitled to proceed in forma pauperis if the applicant is receiving public assistance benefits
or if the applicant's income is less than or equal to 125% of the federal poverty level.
New law retains existing law and further requires a court that finds that this presumption has
been rebutted to provide written reasons for its finding. New law also makes minor technical
corrections.
Existing law (C.C.P. Art. 5185) sets forth the rights of a party who has been permitted to
litigate without the payment of costs in advance until the order granting the application to
proceed in forma pauperis is rescinded.
New law retains existing law but recognizes the possibility that the order granting the
application to proceed in forma pauperis may expire in accordance with local court rules.
New law also gives the party proceeding in forma pauperis the right to have a judgment or
order filed and to receive a certified copy of such judgment or order and makes minor
technical corrections.
Effective August 1, 2021.
(Amends C.C.P. Arts. 5183(A)(intro. para.), (1), and (2) and (B) and 5185(A) and (B))