514.040. Plaintiff may sue as pauper, when--counsel assigned him by court--correctional center offenders, costs--waiver of costs and expenses, when. - Missouri Statutes

Plaintiff may sue as pauper, when--counsel assigned him bycourt--correctional center offenders, costs--waiver of costs andexpenses, when.

514.040. 1. Except as provided in subsection 3 of this section, ifany court shall, before or after the commencement of any suit pendingbefore it, be satisfied that the plaintiff is a poor person, and unable toprosecute his or her suit, and pay all or any portion of the costs andexpenses thereof, such court may, in its discretion, permit him or her tocommence and prosecute his or her action as a poor person, and thereuponsuch poor person shall have all necessary process and proceedings as inother cases, without fees, tax or charge as the court determines the personcannot pay; and the court may assign to such person counsel, who, as wellas all other officers of the court, shall perform their duties in such suitwithout fee or reward as the court may excuse; but if judgment is enteredfor the plaintiff, costs shall be recovered, which shall be collected forthe use of the officers of the court.

2. In any civil action brought in a court of this state by anyoffender convicted of a crime who is confined in any state prison orcorrectional center, the court shall not reduce the amount required assecurity for costs upon filing such suit to an amount of less than tendollars pursuant to this section. This subsection shall not apply to anyaction for which no sum as security for costs is required to be paid uponfiling such suit.

3. Where a party is represented in a civil action by a legal aidsociety or a legal services or other nonprofit organization funded in wholeor substantial part by moneys appropriated by the general assembly of thestate of Missouri, which has as its primary purpose the furnishing of legalservices to indigent persons, or by private counsel working on behalf of orunder the auspices of such society, all costs and expenses related to theprosecution of the suit may be waived without the necessity of a motion andcourt approval, provided that a determination has been made by such societyor organization that such party is unable to pay the costs, fees andexpenses necessary to prosecute or defend the action, and that acertification that such determination has been made is filed with the clerkof the court.

(RSMo 1939 § 1404, A.L. 1995 H.B. 424, A.L. 1999 S.B. 1, et al.)

Prior revisions: 1929 § 1240; 1919 § 1692; 1909 § 2261

(1973) Where an order of publication for service of process was found to be a "necessary process" within meaning of this section, relator, proceeding as a poor person, was entitled to issuance of such order and to publication of notice thus required without cost, and payment for such publication should be allowed from county treasury. State ex rel. Taylor v. Clymer (A.), 503 S.W.2d 53.

(1985) An attorney cannot be forced to represent an indigent prison inmate in a medical malpractice action without compensation. State ex rel. Scott v. Roper (Mo.banc), 688 S.W.2d 757.

(1985) A two stage inquiry is required by this statute. In the first stage the court must determine the plaintiff's eligibility based upon plaintiff's poverty. In the second stage, given the plaintiff's indigency, the court should, using its discretion, examine plaintiff petition to see if it is frivolous or malicious on its face. State ex rel. Coats v. Lewis (Mo.App.) 689 S.W.2d 800.

(2004) Office of state public defender qualifies under section. State ex rel. Francis v. McElwain, 140 S.W.3d 36 (Mo.banc).