Provision for Poor Persons to Pursue or Defend Actions
- Any indigent person who lacks sufficient resources to prosecute or defend a legal action or special proceeding may petition the relevant court (Justice of the Peace or Court of First Instance) for permission to proceed as a poor person.
- Courts must conduct a thorough and careful investigation to verify the applicant's lack of means.
- Upon satisfaction of this condition, the court may permit the individual to proceed without payment or with reduced, remitted, or postponed payment of court, clerk’s, or sheriff’s fees and charges.
- This includes fees for filing papers, swearing witnesses, and issuing court processes.
- All subsequent court procedures, such as filing papers, swearing witnesses, and issuance of process, shall be conducted in accordance with the court’s order.
- Poor persons enjoy equal remedies and legal rights in the action or proceeding as other litigants.
Specific Provision for Municipal Deputy Sheriffs Service Fee
- If a summons is served by a municipal deputy sheriff residing in the same municipality as the defendant, the officer is entitled to receive only the fees for serving copies of the complaint.
- No mileage fees shall be payable in such cases.
Collection of Sheriff’s Fees as Part of Costs Upon Judgment
- When judgment favors the poor plaintiff, all sheriff’s fees— including those that were initially unpaid under the exemption—shall be assessed by the court as part of the costs of the case.
- Such assessed fees are collectible by the sheriff in due course.
Effective Date
- The Act came into effect immediately upon approval on December 1, 1925.