Ky. Cir. Ct. Clerks' Manual CIVIL ACTIONS FILED BY INMATES

17 CIVIL ACTIONS FILED BY INMATES Process Map

 When an inmate files a petition in a civil action, it must be accompanied with the

appropriate filing fees as set forth in the Accounting Manual, or a motion for leave to

proceed In Forma Pauperis (IFP). If the motion is filed In Forma Pauperis, follow the

instructions for Motion to Proceed In Forma Pauperis below.

NOTE: If a filing fee or motion to proceed In Forma Pauperis does not accompany the

petition, return the petition to the inmate.

17.1 Filing Fee

If the petition is accompanied by a filing fee, the case proceeds as any other civil action. To

continue, follow the instructions in Civil Actions.

NOTE: When an inmate commences, intervenes, or joins an action or an appeal of a

judgment in a civil action or proceeding, the inmate shall pay at least partial court fees

and costs. At a minimum, the inmate shall pay a five ($5) filing fee unless the court

determines the inmate is unable to pay a fee and waives all fees and costs. See Motion

for Leave to Proceed In Forma Pauperis. KRS 454.410.

17.2 Motion to Proceed In Forma Pauperis

Quick Reference

1. If the petition is accompanied by a motion to proceed In Forma Pauperis,

File, date, initial

apply the FILED stamp to the pauper motion and the TENDERED stamp

to the pleading; add the date and your initials.

2. Open a case. For instructions on how to open a case, see Case Add in the Open case

KyCourts Manual.

3. Generate the next case number or use the next pre-numbered file folder Generate case

for circuit civil CI cases; district civil C or small claims S cases as number

appropriate. District Civil - C

Small Claims - S

4. File the pauper motion on a scheduled event screen as MNH screen

(motion not requiring a hearing) using motion type PFP.

5. Do not issue summons concerning the inmate’s case until the filing fees File PFP motion

and the fee relating to service of process are paid or an order granting In screen

Forma Pauperis is entered. KRS 454.410. Deliver file to the

6. Deliver the file to the judge to rule on the IFP Motion. judge

7. When an order ruling on the motion to proceed In Forma Pauperis is

received, apply the ENTERED stamp; add the date and your initials. Enter Enter, date, initial

the order on a document screen using document type OFP if the motion is Document type OFP

granted or OFD if the motion is denied. Give notice of entry of the order by or OFD

CIVIL ACTIONS FILED BY INMATES

making a copy of the order that has ENTERED stamp and mail or hand deliver it to the

moving party.

NOTE: Do not cross through or otherwise alter or obliterate the TENDERED or

RECEIVED notation on the tendered pleading.

8. If the order denies the motion for leave to proceed In Forma Pauperis, the

Event type REV

inmate has forty-five (45) days from the notice of entry of the order to pay

the required filing fees and certified mail service fee or file an appeal the Filing fees due

judge's order. Create a tickler by completing a schedule event screen using within 45 days

event type REV-Review.

17.2.1 Motion for In Forma Pauperis Granted or Filing Fees Paid

Timely

If the motion is granted or filing fees and fees for service are paid timely, the

case proceeds as any other civil case in that category.

1. Apply the FILED stamp to the tendered petition (previously marked as Enter, date, initial

TENDERED or RECEIVED) add the date and your initials.

2. Issue a summons for each defendant in the case. The petitioner directs if

service is by certified mail or personal service.

NOTE: If the petitioner directs service by certified mail process the request

without collecting certified mail fees. If the petitioner requests service by

personal service, forward the request to the sheriff along with a copy of

the In Forma Pauperis order. The petitioner is responsible for the personal

service fee directly to the officer.

17.2.2 Motion for In Forma Pauperis Denied and Filing Fees Not

Timely Paid

If the motion is denied, the order will direct dismissal if the inmate does not

pay filing fees or partial filing fees as specified by court order within 45 days of

entry of the order. The summons is not processed concerning the inmate's

case and shall not be served until the filing fee and the fee relating to

service of process are paid. KRS 454.410.

1. If the filing fee is not paid, take the file to the judge.

2. If the court enters an order dismissing the action, apply the ENTERED

stamp to the order, add the date and your initials and enter on a document

screen.

Serve notice of

3. Serve Notice of Entry on the inmate. entry

4. Close the case screen by adding the closing information (i.e., disposition

date, disposition type and judge at disposition).

17.2.3 Notice of Appeal for In Forma Pauperis

RAP 55

CIVIL ACTIONS FILED BY INMATES

See Appeals in Special Cases – Denial of Motion to Proceed In Forma Pauperis.