Asked in Civil Litigation, Civil Rights and Criminal Law for Oklahoma

Q: How many times does a pro se indigent prisoner have to file a paupers affidavit in singal judicial review?

Indigent prisoner files judicial review in Oklahoma county district court challenging grievance restriction. Prisoner submits paupers affidavit when initially filing but after court responds prisoner files 9 actions including 4 motions and does not submit another new paupers affidavit with any. Is this error? Or is the initial paupers affidavit sufficient to proceed in forma paupis through every action filed in the judicial review?

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: When an indigent prisoner in Oklahoma files for judicial review and includes a pauper's affidavit with the initial filing, this affidavit typically allows them to proceed in forma pauperis for the duration of that particular case. This means that the initial affidavit is generally considered sufficient to cover all related motions and actions within the same judicial review process.

However, if the nature of the filings changes significantly, or if a new case or appeal is initiated, another pauper's affidavit might be required. It's important for the prisoner to stay informed about any specific instructions or requirements from the court, as these can vary based on the case and the court's policies.

If there are concerns about whether additional affidavits are needed, it would be beneficial to seek clarification from the court. Each court may have its own rules and procedures, and getting guidance directly from court officials or through legal assistance programs can help ensure that all filings are properly completed and accepted.

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