Question & AnswerQ&A (Act No. 3250)
The officials authorized include the clerk of the Supreme Court, clerks of Courts of First Instance, commissioners appointed by the Courts of First Instance, assessors in Courts of First Instance and in courts of justices of the peace, governors as officers of the court, sheriffs, bailiffs, justices of the peace, notaries public, and other officers and persons mentioned, along with their assistants and deputies.
The Act allows any poor person without sufficient means to prosecute or defend an action to apply to the justice of the peace court or Court of First Instance for leave to prosecute or defend as a poor person. Upon full and careful investigation, the court may admit the person as a poor person and may remit, reduce, or postpone payment of relevant fees.
Fees that may be remitted, reduced, or postponed include court fees, clerk's fees, sheriff's fees, charges for filing papers, swearing witnesses on the trial, or issuing process of the court.
Yes, the Act states that all poor persons, whether plaintiffs or defendants, shall have the same remedies in the action or special proceeding as are provided by law in other cases.
The municipal deputy sheriff shall receive the fees for serving copies of the complaint but without mileage fees.
If judgment is rendered for the poor plaintiff, the court shall assess all sheriff fees, including those unpaid due to the exemption, as part of the costs, and such fees shall be collected by the sheriff.
This Act amends subsection (a) of section seven hundred and eighty-five of Act Numbered One Hundred and Ninety, as amended by Act Numbered Fifteen Hundred and Eighty-Six.
Governors, as officers of the court, are authorized to demand, receive, and take fees allowed by this Act in relation to their official duties.
Yes, deputies and assistants of the mentioned officials are likewise authorized to demand, receive, and take the fees allowed by law.
This Act took effect upon its approval on December 1, 1925.