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Pauper's Oath

An affidavit of indigence, of poverty.

An American justice term referring to the affidavit required of an indigent litigant seeking in a civil trial, to be exempted from Court fees or costs and, in a criminal trial, to qualify for the assistance of public defender counsel, who represents the acused but bills the Government for legal fees incurred.

For example, the Tennessee Code at 20-12-132 (published at michie.lexisnexis.com/), headed "Dismissal of Pauper's Action", states:

"If it be made to appear to the court, at any time before the trial, that the allegation of poverty is probably untrue, or the cause of action frivolous or malicious, the action may be dismissed. The burden shall be upon a pauper to justify the pauper's oath."

In Canada or other common law jurisdictions, the applicatioin is called an affidavit of inability, an indigency status application or an indigency affidavit.

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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