Title 9, Chapter 15, Section 2
(a)(1) When any party, plaintiff or defendant, in any action or
proceeding held in any court in this state is unable to pay any
deposit, fee, or other cost which is normally required in the
court, if the party shall subscribe an affidavit to the effect
that because of his indigence he is unable to pay the costs, the
party shall be relieved from paying the costs and his rights shall
be the same as if he had paid the costs.
(2) Any other party at interest or his agent or attorney may
contest the truth of an affidavit of indigence by verifying
affirmatively under oath that the same is untrue. The issue
thereby formed shall be heard and determined by the court, under
the rules of the court. The judgment of the court on all issues of
fact concerning the ability of a party to pay costs or give bond
shall be final.
(b) In the absence of a traverse affidavit contesting the truth of
an affidavit of indigence, the court may inquire into the truth of
the affidavit of indigence. After a hearing, the court may order
the costs to be paid if it finds that the deposit, fee, or other
costs can be paid and, if the costs are not paid within the time
permitted in such order, may deny the relief sought.
(c) The adjudication of the issue of indigence shall not affect a
decision on the merits of the pending action.
(d) When a civil action is presented for filing under this Code
section by a party who is not represented by an attorney, the clerk
of court shall not file the matter but shall present the complaint
or other initial pleading to a judge of the court. The judge shall
review the pleading and, if the judge determines that the pleading
shows on its face such a complete absence of any justiciable issue
of law or fact that it cannot be reasonably believed that the court
could grant any relief against any party named in the pleading, then
the judge shall enter an order denying filing of the pleading. If
the judge does not so find, then the judge shall enter an order
allowing filing and shall return the pleading to the clerk for
filing as in other cases. An order denying filing shall be
appealable in the same manner as an order dismissing an action.