Indigent for Costs Law & Legal Definition

Any person appearing in court either through a pro bono advocate or appearing pro se, ie appearing in court representing oneself without an attorney for the reason that they cannot afford to appoint a lawyer, may make a motion in court to be determined that such a person is indigent for costs. The applicant furnishes certain financial details for the court's determination of his financial status. Once the court determines the applicants financial status, the person may or may not be declared indigent. Once declared indigent, the legally declared fee for the court services and process are waived for the litigant.

For example, Fla. Stat. ' 27.52 (5): Florida Statute Section 27.52 details on the determination of indigent status of litigants and on who is eligible to be declared indigent for costs.

(5) INDIGENT FOR COSTS. --A person who is eligible to be represented by a public defender under s. 27.51 but who is represented by private counsel not appointed by the court for a reasonable fee as approved by the court, on a pro bono basis, or who is proceeding pro se, may move the court for a determination that he or she is indigent for costs and eligible for the provision of due process services, as prescribed by ss. 29.006 and 29.007, funded by the state.

(a) The person must submit to the court:

1. The completed application prescribed in subsection (1).

2. In the case of a person represented by counsel, an affidavit attesting to the estimated amount of attorney's fees and the source of payment for these fees.

(b) In reviewing the motion, the court shall consider:

1. Whether the applicant applied for a determination of indigent status under subsection (1) and the outcome of such application.

2. The extent to which the person's income equals or exceeds the income criteria prescribed in subsection (2).

3. The additional factors prescribed in subsection (4).

4. Whether the applicant is proceeding pro se.

5. When the applicant retained private counsel.

6. The amount of any attorney's fees and who is paying the fees.

(c) Based upon its review, the court shall make one of the following determinations:

1. The applicant is not indigent for costs.

2. The applicant is indigent for costs.

(d) The provision of due process services based upon a determination that a person is indigent for costs under this subsection must be effectuated pursuant to a court order, a copy of which the clerk shall provide to counsel representing the person, or to the person directly if he or she is proceeding pro se, for use in requesting payment of due process expenses through the Justice Administrative Commission. Private counsel representing a person declared indigent for costs shall execute the Justice Administrative Commission's contract for counsel representing persons determined to be indigent for costs.