{"data":{"id":"us-ok/okla.-stat.-tit.-57-57-566.3","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 57, § 57-566.3","heading":"Application for in forma pauperis - Partial payment of","body":"court costs - Affidavit of inability to pay - Dismissal - Grievance\n\nprocedures.\n\nA. 1. If an applicant for in forma pauperis is a prisoner and\n\nthe prisoner brings an action of any kind, upon filing, the court\n\nshall order the prisoner to pay, as a partial payment of any court\n\ncosts required by law, before the commencement of the action, a\n\nfirst-time payment of twenty percent (20%) of the deposits of the\n\npreceding six (6) months to the trust account of the prisoner\n\nadministered by the confining agency and thereafter monthly payments\n\nof twenty percent (20%) of the deposits of the preceding month to\n\nthe account, but only if the prisoner does not have enough funds to\n\npay the total costs required by law at the time of filing. In those\n\ncases where the prisoner has sufficient funds available, the\n\nprisoner shall be ordered to pay the required costs before the\n\naction may commence. The confining agency shall withdraw monies\n\nmaintained in the trust account for payment of court fees and shall\n\nforward the monies collected at any time the monies exceed Ten\n\nDollars ($10.00) to the appropriate court clerk, or clerks if\n\nmultiple courts are involved, until the actual court costs are paid\n\nin full. If the prisoner is discharged before payment in full, the\n\ncourt clerk shall be notified of the reported forwarding address and\n\ndate of discharge of the prisoner. The prisoner must file a\n\ncertified copy of the trust account records of the prisoner with the\n\ncourt that reflects the balance and activity of the previous six (6)\n\nmonths at the time the petition is filed. If the prisoner is on\n\nprobation or parole, the prisoner will file certified copies of bank\n\nor savings statements of the account and income receipts for the\n\nprior six (6) months.\n\n2. Nothing in this section prevents a prisoner from authorizing\n\npayment beyond that required by law or the Department of Corrections\n\nor political subdivision from forwarding payment beyond that\n\nrequired by law if the prisoner has the funds available.\n\n3. The court may dismiss any civil action in which the prisoner\n\nhas failed to pay fees and costs assessed by the court and it is\n\ndetermined the prisoner has funds available and did not pay the\n\nrequired fees and costs.\n\n4. If a prisoner is found to be indigent and totally without\n\nany funds pursuant to this section at the time of filing, the case\n\nmay proceed without prepayment of fees or partial fees. Even in\n\nthose cases where the court finds the prisoner is without funds, the\n\ncourt shall assess costs against the prisoner, establish a payment\n\nschedule and order the costs paid when the prisoner has funds.\n\nB. 1. An affidavit of inability to pay containing complete\n\ninformation as to the identity of the prisoner, prisoner\n\nidentification number, nature and amount of income, income of the\n\nspouse of the prisoner, property owned, cash or checking accounts,\n\ndependents, debts and monthly expenses shall be filed with the\n\ncourt. In addition to the information required above, the affidavit\n\nshall contain the following statements: “I am unable to pay the\n\ncourt costs at this time. I verify that the statements made in this\n\naffidavit are true and correct.” The affidavit shall be sworn as\n\nrequired by law.\n\n2. The Attorney General or other counsel for the defendant\n\nshall be authorized to receive information from any source verifying\n\nthe financial information given by the prisoner.\n\n3. When considering the ability of a prisoner to pay fees and\n\ncosts and establishing a payment schedule, the court shall consider,\n\nbut is not limited to consideration of, the following:\n\na. all living support received by the person from any\n\nsource, including the state, whether in money or any\n\nform of services,\n\nb. any income of a spouse,\n\nc. gifts,\n\nd. savings accounts,\n\ne. retirement plans,\n\nf. trust accounts,\n\ng. personal property,\n\nh. inmate trust accounts, and\nestablishing a payment schedule, the court shall consider,\n\nbut is not limited to consideration of, the following:\n\na. all living support received by the person from any\n\nsource, including the state, whether in money or any\n\nform of services,\n\nb. any income of a spouse,\n\nc. gifts,\n\nd. savings accounts,\n\ne. retirement plans,\n\nf. trust accounts,\n\ng. personal property,\n\nh. inmate trust accounts, and\n\ni. any dispositions of property, real or personal, in the\n\npast twelve (12) months.\n\nC. A court, in which an affidavit of inability to pay has been\n\nfiled, shall dismiss the action in whole or in part upon a finding\n\nthat the allegation of poverty is false. If a portion of the action\n\nis dismissed, the court shall also designate the issues and\n\ndefendants on which the action is to proceed without prepaying\n\ncosts. This order is not subject to an interlocutory appeal.\n\nD. In determining whether the allegation of poverty is false,\n\nthe court is authorized to hold a hearing, before or after service\n\nof process, on its own motion or upon the motion of a party.\n\nE. If the court concludes, based on information contained in\n\nthe affidavit of inability to pay or other information available to\n\nthe court, that the prisoner is able to prepay part of the fees or\n\ncosts required, then the court shall order a partial payment to be\n\nmade as a condition precedent to the commencement and further\n\nprosecution of the action.\n\nF. Notwithstanding any filing fee, or any portion thereof, that\n\nmay have been paid, the court shall dismiss the case at any time if\n\nthe court determines that:\n\n1. The allegation of poverty is untrue; or\n\n2. The action or appeal:\n\na. is frivolous or malicious,\n\nb. fails to state a claim on which relief may be granted,\n\nor\n\nc. seeks monetary relief against a defendant who is\n\nimmune from such relief.\n\nG. 1. The Department of Corrections and each sheriff is hereby\n\nauthorized to adopt a grievance procedure at its institutions for\n\nreceiving and disposing of any and all grievances by prisoners\n\nagainst the Department of Corrections or any entity contracting with\n\nthe Department of Corrections to provide correctional services, or\n\nany officials or employees of either the Department or correctional\n\nservices contractor or a sheriff, deputies of the sheriff or\n\nemployees of the county, which arise while a prisoner is within the\n\ncustody or under the supervision of the Department or sheriff. The\n\ngrievances may include, but are not limited to, any and all claims\n\nseeking monetary damages or any other form of relief otherwise\n\nauthorized by law. All such grievance procedures, including the\n\nprisoner disciplinary process, shall be deemed to be the exclusive\n\ninternal administrative remedy for complaints and grievances.\n\n2. No court of the State of Oklahoma shall entertain a\n\ngrievance, petition, or complaint of a prisoner unless and until the\n\nprisoner has exhausted all the remedies as provided in the grievance\n\nprocedure of the Director of the Department of Corrections or\n\nsheriff. Nothing in this section shall modify requirements of The\n\nGovernmental Tort Claims Act.\n\n3. Failure to timely institute administrative review of a claim\n\nshall be considered an abandonment, and upon motion of the\n\ndefendants, supported by an affidavit of the defendant that the\n\nprisoner has failed to timely institute and exhaust the\n\nadministrative remedy, the court shall enter a judgment of dismissal\n\nwith prejudice in that cause of action. Strict adherence to the\n\nnotice requirement established in the grievance procedures shall be\n\ncomplied with by the prisoner or the attorney of the prisoner.\n\n4. In addition to any other provisions of law providing for the\n\nconfidentiality of records of the Department of Corrections or a\n\nsheriff, all reports, investigations, and like supporting documents\nal\n\nwith prejudice in that cause of action. Strict adherence to the\n\nnotice requirement established in the grievance procedures shall be\n\ncomplied with by the prisoner or the attorney of the prisoner.\n\n4. In addition to any other provisions of law providing for the\n\nconfidentiality of records of the Department of Corrections or a\n\nsheriff, all reports, investigations, and like supporting documents\n\nprepared by the Department or sheriff for purposes of responding to\n\nthe request of a prisoner for an administrative remedy shall be\n\ndeemed to be prepared in anticipation of litigation and are\n\nconfidential and not subject to discovery by the prisoner in any\n\ncivil action or subject to release under the Oklahoma Open Records\n\nAct. All formal written responses to the grievance of the prisoner\n\nshall be furnished to the prisoner as provided for in the grievance\n\nprocedure.\n\n5. Any prisoner who is allegedly aggrieved by an adverse\n\ndecision by the Department of Corrections or a sheriff rendered\n\npursuant to any grievance procedure must file the appropriate civil\n\ncause of action or application for extraordinary writ, within one\n\nhundred eighty (180) days after the final decision is issued and\n\nwithin the limitations period set forth in The Governmental Tort\n\nClaims Act, to the appropriate court alleging specifically what\n\nlegal right was violated and what remedy exists.\n\nH. Nothing in this section shall be construed as waiving the\n\nsovereign immunity or the tort immunity of the state, its agencies,\n\nofficers or employees for injuries allegedly suffered while in the\n\ncustody of the state and its agency or any county, sheriff, or\n\nofficers or employees of the county for injuries allegedly suffered\n\nwhile in the custody of the county.\n\nI. “Prisoner” as used herein shall include, but not be limited\n\nto, a person in custody or whose claims arose during custody.","path":["OK Code","Title 57"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os57.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"a96dc7b34c8c0aec9543b27bd9ab83ac4047122e1faee9012d9f3a94f4c0032b","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-57-57-566.2","next":"us-ok/okla.-stat.-tit.-57-57-566.4"},"notice":"GroundRules: Original legal text. Not legal advice."}