Any person residing in Puerto Rico who wishes to initiate a civil action or appeal but is unable to pay the fee fixed by the Supreme Court or the fees for the stay of proceedings required under §§ 1476–1482 of this title, may present to the Court Clerk an affidavit stating his/her inability to pay such fees, together with a copy of his/her proposed complaint. The Clerk shall submit both the affidavit and the complaint or appeal to the judge of the court, as the case may be, and should the judge deem that the complaint is sufficient in law and that the inability to pay the fee established herein is proven, he/she shall allow such complaint to be filed, the plaintiff shall thereafter be entitled to all the services of all court officials, and the benefits of all writs and processes as if all such fees had been paid. Furthermore, if any person against whom an action is brought is unable to pay the fees fixed by the Supreme Court or the fees for the stay of proceedings required under §§ 1476—1482 of this title, he/she may file said affidavit, together with a copy of his/her reply to the complaint or any other pleadings in said cause with the Court Clerk who shall immediately submit it to the judge of the court, and if in the opinion of said judge the defendant presents a meritorious plea, the defendant shall thereafter be entitled to the services of all court officials and the benefits of all writs and processes as if all such fees had been paid. However, the judge may require additional information as he/she may deem necessary whenever any party requests to be exempted from the payment of costs. Appellate or discretionary remedies filed with the Court of Appeals or the Supreme Court shall enjoy said exemption according to the procedure provided. Documents for the approval of acknowledgement of natural children, judicial authorizations for the benefit of minors or persons with disabilities, when application shows that the value of the property does not exceed one thousand dollars ($1,000), and applications for the declaration of heirs, when the petition shows that the value of the estate does not exceed one thousand dollars ($1,000), shall be exempted from the payment of fees.
History —Mar. 11, 1915, No. 17, p. 45, § 7; Apr. 27, 1942, No. 58, p. 568; Mar. 30, 1949, No. 7, p. 28; renumbered as § 6 and amended on Aug. 12, 1998, No. 235, § 6; July 30, 2009, No. 47, § 9, eff. July 1, 2010.