610.1 Affidavit — contents — tolling of limitations. 1. A court of the district court, court of appeals, or supreme court shall authorize the commencement, prosecution, or defense of a suit, action, proceeding, or appeal, whethercivil or criminal, without the prepayment of fees, costs, or security upon a showing that theperson is unable to pay such costs or give security. The person shall submit an affidavitstating the nature of the suit, action, proceeding, or appeal and the affiant’s belief that thereis an entitlement to redress. Such affidavit shall also include a brief financial statementshowing the person’s inability to pay costs, fees, or give security. Any authorization to proceedwithout prepayment of fees, costs, or security under this chapter may be made by the courtwithout hearing. The filing of an affidavit to proceed without the prepayment of fees, costs,or security tolls the applicable statute of limitations. Upon the denial of an application andaffidavit to proceed without the prepayment of fees, costs, or security, the person shall havethe remainder of the limitations period in which to pay fees, costs, or give security. an application andaffidavit to proceed without the prepayment of fees, costs, or security, the person shall havethe remainder of the limitations period in which to pay fees, costs, or give security. Thissection does not allow the deferral of the cost of a transcript. 2. Notwithstanding the provisions of this section, the court shall deny the application and affidavit of an inmate who has had three or more actions dismissed pursuant to section610A.2. Such inmate shall not be permitted to proceed without prepayment of fees, cost, orsecurity pursuant to this chapter. 86 Acts, ch 1088, §1; 87 Acts, ch 115, §79; 98 Acts, ch 1147, §1, 6; 2021 Acts, ch 76, §150Referred to in §610A.1 Sat Dec 23 11:17:54 2023 Iowa Code 2024, Section 610.1 (15, 0)
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