Every citizen has the right to file a complaint in the court system. Court filing fees are based on a fee schedule. The court fees in Arkansas typically cost $165.00 to file the complaint. Many citizens are not able to afford the fees or the cost of an attorney. There are many legal assistance programs; however, most of the agencies rely on the services of pro bono attorneys who volunteer to take some of the cases at no charge for attorney fees. These agencies provide valuable resources like legal forms and legal advice. The online resources are free. There are many for profit online legal resources available to buyers that create the legal forms customized for each state. These forms are usually fill in the blank and are accepted by courts.
Even if a person receives pro bono legal services or utilizes the online resources, the individual will be responsible for the court filing fees and process service fees. There are many individuals who make the decision to represent themselves which makes them a Pro Se litigant. There is a process before filing a case where the individual can request court filing fees to be waived. This process is called In Forma Pauperis. The Pro Se litigant has to submit to the court an Affidavit in Support of Request to Proceed In Forma Pauperis. In the affidavit, the individual swears he/she cannot afford the court filing fees and is required to have the affidavit notarized. Income information is required to support the affidavit. If the Judge approves the request, an Order Granting Leave to Proceed In Forma Pauperis is granted to the Pro Se litigant; and the court filing fees and costs are waived.
Many Pro Se litigants don’t realize the responsibility they have been given by the court. They are required to think and act like an attorney. Let me expound on this subject because it is very important; and thus, the reason for this blog. Thinking like an attorney and acting like an attorney requires the Pro Se litigants to familiarize themselves with the Arkansas Rules of Criminal Procedure and the Arkansas Rules of Civil Procedure. These rules apply to every step in the court process. For example, once a complaint is filed, the plaintiff (the one filing the complaint) only has 180 days to serve the complaint or the complaint can be dismissed on untimely service. Additionally, the defendant (the one the complaint if filed against) has a certain amount to respond to the complaint based on the type of complaint. If the defendant does not file a timely answer to the complaint, the plaintiff can get a default judgment against the defendant
There are many cases, like simple name changes, that really do not require an attorney; however, when a Pro Se litigant files a complaint, he/she is required to follow all the rules of evidence in addition to knowing which laws, regulations, or statutes to use in the complaint to persuade the judge to rule in his/her favor. Another resource available to Pro Se litigants is AOC Court Connect which is a public website that has case information on cases that have been litigated. As an attorney, I find this resource very valuable. It allows me to see if a potential client has already filed a complaint and is just fishing for free advice; and it also provides me with samples of similar cases that I may be filing. You can view the complaint petitions and basically follow the process of your case. My advice is to call the Abrams Law Office for your free 30-minute consultation.