On Indigence

Originally published by Richard Smith.

While the slow season for opinions continues at the Dallas Court of Appeals, a short memorandum opinion provides a procedural lesson that could prove useful for any appellate attorney dealing with a pro se opponent. In this case, the appellant filed an affidavit of indigence with the trial court, seeking to avoid prepayment of costs under TRAP 20.1. The clerk challenged the appellant’s indigent status on September 15, and the court reporter contested the affidavit on September 17. But when multiple challenges to an affidavit of indigence are filed, the trial court still has to rule within 10 days of the first challenge. The trial court signed an order sustaining the court reporter’s challenge on October 6, well outside the 10-day period that should have run from September 15. Accordingly, the Court of Appeals held that the trial court had abused its discretion, reversed the order sustaining the contest to the pro se appellant’s indigence, and held that he could proceed with the appeal without advance payment of costs.

Bell v. Harris, No. 05-15-01117-CV

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