SB30 Summary

• Amends Section 12-19-70 of the Alabama Code to allow waiving of docket fees in civil cases filed in circuit or district court when payment would cause substantial financial hardship, based on income guidelines in Section 15-12-1.

• Requires filing a verified statement of substantial hardship signed by the party claiming hardship; the accompanying pleading is considered filed on the date the hardship statement is submitted to the clerk of court.

• If the court makes a written finding within 90 days that the party has resources to pay without hardship, the party has 30 days to pay the fee or the case is dismissed for lack of jurisdiction; court proceedings and summons are stayed until payment is made.

• If the court does not make a written finding within 90 days, the hardship is automatically deemed granted; the party must file written notice with the clerk that 90 days has passed, though failure to file has no effect on the granting.

• Requires the clerk to provide a form notice to parties filing hardship affidavits; clerk shall docket the pleading upon receiving verbal or written notice from any source that hardship has been granted.