What if I am in prison or jail?

You cannot use the Affidavit of Indigency or the Inmate’s Affidavit of Indigency if you are suing the state or county to release you from prison or jail.

But if you are suing a state or county agency, or their official or employee about something that has happened in jail or in prison, and you cannot afford the costs related to your case, you need the form for prisoners. Use the Inmate’s Affidavit of Indigency to ask the court to waive normal fees and costs.

If you are asking the court to pay for "extra fees and costs,” you can use the Affidavit of Indigency for non-prisoners.

Before the judge approves your request, the judge will order the jail or prison to produce a copy of your canteen account for the last six months.

But you may ask the court to order payment of the cost of serving the summons and complaint in the meantime, so your case can begin.

Produced by Merrimack Valley North-Shore Legal Services, Inc.
Last Updated September 2013

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