KansasJudges would review poverty claims before court papers are served
The failed proposal would have judges review poverty affidavits and allow service of court papers only after approving it.
What it does
People unable to pay a court filing fee could submit a sworn statement about their finances. If a judge finds the poverty claim untrue, the judge could require payment or dismiss the case without prejudice.
When someone files a poverty affidavit, court papers could be served only after a judge reviews the filing and allows service.
Argument forPeople unable to pay court fees could ask a judge to review their finances and let their case proceed without the fee.
Argument againstPeople who need to serve court papers could face delays because service must wait for a judge’s review and approval.
More detail
A judge reviews a poverty affidavit and may require payment or dismiss the case without prejudice if the poverty claim is untrue. This applies when a plaintiff files a poverty affidavit instead of paying a court filing fee. The affidavit must be sworn and give facts explaining why poverty prevents payment, including weekly income. A dismissal without prejudice does not prevent the person from filing again.
Service of process may issue only after the court reviews the filing and grants leave. This applies to a case filed with a poverty affidavit. Service may issue only after the court completes its review and grants leave.
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Where it stands
- Introduced
- Died
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Apr 10Died in CommitteeDied
- Feb 5IntroducedMinor
- Feb 5Referred to House Committee on JudiciaryIntroduced
Criminal Justice