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Determination of Indigency. If the court finds that the party has not effectively waived his or her right to counsel, and the party has not arranged to obtain counsel, the court shall receive the affidavit of indigency and may question the party under oath. After reviewing the information contained in the affidavit and, if applicable, the party's testimony, the court shall determine whether the party is indigent based on § 2(3)(a), indigent based on § 2(3)(b), or not indigent. The court first shall determine whether a party is indigent based on § 2(3)(a). If the court finds that a party is not indigent under § 2(3)(a), the court shall next determine whether the party is indigent under § 2(3)(b). The court shall record its findings, including its comparison of the party's anticipated cost of counsel and available funds when applicable, on a form consistent with Appendix B of this Rule, that is filed with the papers in the case.
This page was last modified on Wednesday, November 7, 2012