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TX · rules

Tex. R. Civ. P. 502.3

Fees; Inability to Afford Fees

activein force · 2026-07-01 – presentact-effective-date

(a) Supreme Court Form; Contents of Statement. A party who cannot afford filing fees or other

court fees must file a Statement of Inability to Afford Payment of Court Costs approved by

the Supreme Court or another statement certifying the same information.

(b) Clerk Duties. The clerk must make the form available to any person for free without

request.

(c) Certificate of Legal- Aid Provider. If the party is represented by an attorney who is

providing legal services either directly or by referral from a legal-aid provider described in

Rule 145(d), the attorney may file a certificate confirming that the provider screened the

party for eligibility under the income and asset guidelines established by the provider. A

Statement that is accompanied by the certificate of a legal-aid provider may not be

contested under (d).

(d) Contest.

(1) Unless a certificate is filed under (c), the defendant may file a contest of the

Statement at any time within 7 days after the day the defendant’s answer is due. If

the Statement attests to receipt of government entitlement based on indigence, the

Statement may only be contested with regard to the veracity of the attestation.

(2) If contested, the judge must hold a hearing to determine the party’s ability to afford

the fees. At the hearing, the burden is on the party filing the Statement to prove the

inability to afford fees.

(3) The judge may, on the judge’s own initiative, examine the Statement and conduct

a hearing to determine the party’s ability to afford fees.

(4) If the judge determines that the party is able to afford the fees, the judge must enter

a written order listing the reasons for the determination, and the party must pay the

fees in the time specified in the order. If the party ordered to pay fees is the

plaintiff, and the plaintiff does not timely pay the fees, the case will be dismissed

without prejudice.

Provenance

Source
txcourts.gov
Retrieved
2026-09-15
Edition
2026-09-14
Content hash
53967de7e57b6cbdd7fd50ab918cabaf7c5c35ecce0d0896c7dff8157f8b42d8
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Tex. R. Civ. P. 502.3 — Fees; Inability to Afford Fees · binding.law