FEES; INABILITY TO AFFORD FEES

(a) Supreme Court Form; Contents of Statement. A party who cannot afford filing fees or other court fees must file a Statement of Inability to Afford Payment of Court Costs approved by the Supreme Court or another statement certifying the same information.

(b) Clerk Duties. The clerk must make the form available to any person for free without request.

(c) Certificate of Legal-Aid Provider. If the party is represented by an attorney who is providing legal services either directly or by referral from a legal-aid provider described in Rule 145(d), the attorney may file a certificate confirming that the provider screened the party for eligibility under the income and asset guidelines established by the provider. A Statement that is accompanied by the certificate of a legal-aid provider may not be contested under (d).

(d) Contest.

(1) Unless a certificate is filed under (c), the defendant may file a contest of the Statement at any time within 7 days after the day the defendant’s answer is due. If the Statement attests to receipt of government entitlement based on indigence, the Statement may only be contested with regard to the veracity of the attestation.

(2) If contested, the judge must hold a hearing to determine the party’s ability to afford the fees. At the hearing, the burden is on the party filing the Statement to prove the inability to afford fees.

(3) The judge may, on the judge’s own initiative, examine the Statement and conduct a hearing to determine the party’s ability to afford fees.

(4) If the judge determines that the party is able to afford the fees, the judge must enter a written order listing the reasons for the determination, and the party must pay the fees in the time specified in the order. If the party ordered to pay fees is the plaintiff, and the plaintiff does not timely pay the fees, the case will be dismissed without prejudice.