Affidavits of Indigence Introduction

Introduction to 3 versions:

Three versions of the model Affidavit of Indigence were revised and adopted by the Task Force on November 15, 2006. The model forms are provided for the court’s consideration but use of the forms is not mandatory.  Each version contains identical provisions for collecting financial information from a defendant and each requires the defendant to swear to the information provided in the Affidavit of Indigence while advising him or her of the penalty for perjury. The only difference is methodology used to verify the information provided in the affidavit should a court choose to do so. The first version contains the main part of the affidavit and includes a verification clause at the end of the form that requires the defendant to allow the court to verify the information provided “as required to determine my eligibility.”   The second version contains a separate verification agreement following the Affidavit of Indigence consisting of a separate signature sheet with an authorization by the defendant that would allow court staff to verify the financial information provided in the affidavit.  The third version also contains a separate verification agreement consisting of signature sheet allowing the defendant the option of providing another form of verification that is acceptable to the court (e.g. pay stubs, bank statements) if he chooses not to authorize court staff to contact his employer or financial institution directly.

The Task Force does not favor one version over another and encourages each judge to assess their situation and choose the form that best suits the court’s needs.  The forms may also be customized to suit your jurisdiction’s needs by downloading them in MS Word by clicking on the appropriate link above. Due to concern about identity theft, courts may wish to consider eliminating the social security and bank account numbers from the forms, unless they are used by the county to conduct credit checks or verify bank account balances.