Title 42, Chapter 12, Section 5
( 42-12-5)
(a)(1) A prisoner's affidavit of in forma pauperis status shall
contain each of the following: (A) The prisoner's identity, including any and all aliases, and
the prisoner's inmate number; (B) The nature and amount of any income as well as the source of
that income; (C) Real and personal property owned by the prisoner; and (D) Cash and checking accounts held by the prisoner. (2) The affidavit shall also contain the following sworn statement
and signature of the prisoner: I, __________, do swear and affirm under penalty of law that the
statements contained in this affidavit are true. I further
attest that this application for in forma pauperis status is not
presented to harass or to cause unnecessary delay or needless
increase in the costs of litigation. (3) The affidavit shall contain a copy of the prisoner's inmate
account of the last 12 months or the period of incarceration,
whichever is less. The institution shall promptly provide said
account information upon request. (4) The prisoner shall serve the affidavit, including all
attachments, on the court and all named defendants. Failure by the prisoner to comply with this subsection shall result
in dismissal without prejudice of the prisoner's action. (b)(1) A judicial order authorizing a prisoner to proceed in forma
pauperis shall not prevent the freezing of a prisoner's inmate
account nor the forwarding of any future deposits into that
account to the court in accordance with the provisions of this
chapter. (2) In the event that the court denies the prisoner's application
for in forma pauperis status, the court shall give written notice
to the inmate that the inmate's action will be dismissed without
prejudice if the filing fees are not paid within 30 days of the
date of the order. (3) Upon the denial of in forma pauperis status the court shall
make a finding as to whether in forma pauperis status was sought
fraudulently, frivolously, or maliciously. If the court finds
that the in forma pauperis status was sought fraudulently,
frivolously, or maliciously, the action shall be dismissed with
prejudice, and the court shall assess filing costs. (4) If an action is dismissed without prejudice and the prisoner
refiles the action in substantially the same form: (A) All filing requirements including filing fees must be met in
their entirety; and
(B) No amount paid for court fees in any earlier action or any
part thereof shall be credited to the prisoner. |