A. Any person who is (i) a plaintiff in a civil action in a court of the Commonwealth and a resident of the Commonwealth or (ii) a defendant in a civil action in a court of the Commonwealth, and who is on account of his poverty unable to pay fees or costs, may be allowed by a court to sue or defend a suit therein, without paying fees or costs; whereupon he shall have, from any counsel whom the court may assign him, and from all officers, all needful services and process, without any fees, except what may be included in the costs recovered from the opposite party.
B. In determining a person's inability to pay fees or costs on account of his poverty, the court shall consider the factors set forth in subsection B of § 19.2-159, provided that, in the case of a no-fault divorce proceeding under subdivision A (9) of § 20-91, a person who is a current recipient of a state or federally funded public assistance program for the indigent shall not be subject to fees and costs. In such no-fault divorce proceeding, such person shall certify to the receipt of such benefits under oath.
Code 1950, § 14-180; 1964, c. 386, § 14.1-183; 1972, c. 839; 1987, c. 197; 1998, c. 872; 2017, cc. 226, 227; 2019, cc. 411, 730.
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