                                 CODE OF VIRGINIA

PERSONS ALLOWED SERVICES WITHOUT FEES OR COSTS (§ 17.1-606)

A. Any person who is (i) a plaintiff in a civil action in a court of the
Commonwealth and a resident of the Commonwealth or (ii) a defendant in a civil
action in a court of the Commonwealth, and who is on account of his poverty
unable to pay fees or costs, may be allowed by a court to sue or defend a suit
therein, without paying fees or costs; whereupon he shall have, from any counsel
whom the court may assign him, and from all officers, all needful services and
process, without any fees, except what may be included in the costs recovered
from the opposite party.

B. In determining a person&#8217;s inability to pay fees or costs on account of
his poverty, the court shall consider whether such person is a current recipient
of a state or federally funded public assistance program for the indigent or is
represented by a legal aid society, subject to &#xA7; 54.1-3916, including an
attorney appearing as counsel, pro bono, or assigned or referred by a legal aid
society. If so, such person shall be presumed unable to pay such fees or costs.
Except in the case of a no-fault divorce proceeding under subdivision A (9) of
&#xA7; 20-91, such presumption shall be rebuttable where the court finds that a
more thorough examination of the person&#8217;s financial resources is
necessary.

C. If a person claims indigency but is not presumptively unable to pay under
subsection B, or a court, where applicable, finds that a more thorough
examination of the financial resources of the petitioner is needed, the court
shall consider:

   1. The net income of such person, which shall include his total salary and
   wages, less deductions required by law and tax withholdings;

   2. Such person&#8217;s liquid assets, including all cash on hand as well as
   assets in checking, savings, and similar accounts; and

   3. Any exceptional expenses of such person and his dependents, including costs
   for medical care, family support obligations, and child care payments.
   				The available funds of the person shall be calculated as the sum of his
   total income and liquid assets less exceptional expenses as provided in
   subdivision 3. If the available funds are equal to or less than 125 percent of
   the federal poverty income guidelines prescribed for the size of the household
   of such person by the federal Department of Health and Human Services, he
   shall be presumed unable to pay. The Supreme Court of Virginia shall be
   responsible for distributing to all courts the annual updates of the federal
   poverty income guidelines made by the Department.

HISTORY: Code 1950, § 14-180; 1964, c. 386, § 14.1-183; 1972, c. 839; 1987, c.
197; 1998, c. 872; 2017, cc. 226, 227; 2019, cc. 411, 730; 2020, c. 654.