In Forma Pauperis Procedure; Contents and Service of Affidavit; Judicial Determinations

1. Law
2. Georgia Code
3. Penal Institutions
4. Prison Litigation Reform
5. In Forma Pauperis Procedure; Contents and Service of Affidavit; Judicial Determinations

1. 1. A prisoner's affidavit of in forma pauperis status shall contain each of the following:
      1. The prisoner's identity, including any and all aliases, and the prisoner's inmate number;
      2. The nature and amount of any income as well as the source of that income;
      3. Real and personal property owned by the prisoner; and
      4. Cash and checking accounts held by the prisoner.

         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.

         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.

2. 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:
      1. All filing requirements including filing fees must be met in their entirety; and
      2. No amount paid for court fees in any earlier action or any part thereof shall be credited to 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.

(Code 1981, §42-12-5, enacted by Ga. L. 1996, p. 400, § 1.)

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