Indigency Affidavit Contest Rules

Summary

In Texas, the contesting party must prove an indigency affidavit incorrect under Rule 145(f)(5). Courts require clear evidence to deny indigency, as seen in In re Arroyo. Bohannan v. Texas Bd. Of Criminal Justice mandates evidence for contesting indigency. Notify all parties of motions per Rule 21(b).

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In re Arroyo, * S.W.2d * (Tex. *): Courts cannot deny indigency without clear and convincing evidence contradicting the affidavit. Is this true
Yes, you are correct. In re Arroyo, * S.W.2d * (Tex. *) established that courts cannot deny an affidavit of indigency without clear and convincing evidence that contradicts the affidavit. This standard places a high burden on the party contesting the indigency claim.
Bohannan v. Texas Bd. of Criminal Justice, * S.W.2d * (Tex. App.—Austin *, writ denied): A contest to indigency must be supported by evidence, or it must be dismissed.
Yes, the case of Bohannan v. Texas Bd. of Criminal Justice, * S.W.2d * (Tex. App.—Austin *, writ denied) does state that a contest to indigency must be supported by evidence, or it must be dismissed. This aligns with the principle that the burden of proof lies with the party contesting the claim of indigency.
Do you need more information on how to proceed with a contest to indigency in Texas courts?
Do I have to notify opposing counsel of my motion to strike the court reporter's motion to srike my indigency status since it's between me and her, I mean she has an attorney but her attorney is not opposing counsel to the current case
Case Rating: *
Yes, you generally need to notify all parties involved in the case, including opposing counsel, of any motions you file, even if the motion pertains to a specific issue with another party. This ensures transparency and allows all parties to respond appropriately.
yeah but what law states that I have to
Case Rating: *
In Texas, the requirement to notify all parties of any motions is generally governed by the Texas Rules of Civil Procedure. Specifically:
- Texas Rule of Civil Procedure *(b): This rule states that every pleading, plea, motion, or application to the court for an order shall be served on all other parties, unless otherwise ordered by the court.
Would you like more detailed information on this?