5-3-16. Payment of costs; affidavit of indigency.

The payment of all costs accrued in a lower judicatory shall not be required in order to file a petition for review under this chapter.#

Except to the extent prohibited by law, no petition for review shall be heard in a reviewing court unless the petitioner:#

1. (1)

   Pays all unpaid costs owed to the lower judicatory within 30 days after receiving notice of such costs; or#

2. (2)

   Files an affidavit of indigence with the reviewing court stating that the petitioner is unable to pay the costs owed to the lower judicatory because of indigence.#

No appeal shall be dismissed by a reviewing court because of nonpayment of the costs owed to a lower judicatory unless the petitioner has been ordered by the reviewing court to pay such costs and has failed to comply with such order.#

An executor, administrator of an estate, or other trustee, when defending an action in such capacity or when solely defending an estate’s title, may file a petition for review without paying costs as required by this Code section and without giving a bond and security as provided in Code Section 5-3-17; provided, however, that, if a judgment is obtained against an executor, administrator of an estate, or other trustee and not the assets of the estate, then the executor, administrator of an estate, or other trustee shall pay such costs as required by this Code section and give security if required under Code Section 5-3-17.#

Unless the petitioner in a civil case files an affidavit of indigence with the reviewing court stating that the petitioner is unable to pay the costs owed to the lower judicatory because of indigence, the petitioner in a civil case shall obtain and file with the reviewing court a certificate of payment of costs from the lower judicatory certifying that the petitioner has paid all costs owed to the lower judicatory. Such certificate shall be:#

1. (1)

   Filed in the reviewing court within five days after issuance by the lower judicatory; and#

2. (2)

   Signed by a judge, clerk, official, member, or other designated representative of the lower judicatory.#