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TX · rules

Tex. R. Civ. P. 510.7

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 containing the same information. The Statement

must either be sworn to before a notary or be signed and verified as true and correct under

penalty of perjury.

(b) Clerk Duties. The clerk must make the Statement 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 cannot be contested

under (d).

(d) Contest.

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

The contest must contain sworn evidence—not merely allegations—either that the

Statement was materially false when made or that because of changed

circumstances, is no longer true.

(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
5fe7fde0c0f985080c8ad63b0d65aeef8b6bfad568c01345ae07b26d76a3b3b8
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