California, United States of America
The following excerpt is from Earls v. Superior Court, 490 P.2d 814, 6 Cal.3d 109, 98 Cal.Rptr. 302 (Cal. 1971):
While the propriety of prior denials of petitioner's applications may be moot by reason of the substitution of the instant proceeding, we indicate for the future guidance of trial courts that whenever a motion to proceed in forma pauperies is supported by an affidavit sufficient on its face to show indigency the court must grant the motion unless it has good reason to doubt the truthfulness of the factual allegations in the affidavit, and in that event it may decide the matter on conflicting affidavits, or in unusual circumstances order a hearing for the purpose of inquiring into the matter. 4 [6 Cal.3d 115] If the petitioner's affidavit is not sufficient the court must give its reasons for denying leave to proceed in forma pauperis. (See O'Neal v. United States (5 Cir., 1969) 411 F.2d 131, 138; Foster v. United States (6 Cir., 1965) 344 F.2d 698.) A statement of reasons for denial is essential not only to enable a prospective litigant to renew his application before the trial court if the defect can be corrected, but also to provide an appellate court with a basis for reviewing the trial court's denial.
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