Book IX. Miscellaneous Provisions and Definitions · Title I. Miscellaneous Provisions · Chapter 5. Payment of State Inheritance Taxes · Enacted 1990 · no amendments on record · Last verified July 30, 2026
In one sentenceArticle 5184 lets an adverse party or the clerk of court traverse the facts alleged in an affidavit of poverty through a single rule to show cause why the order permitting the litigant to proceed without paying costs should not be rescinded, with the order rescinded if the litigant is found not entitled to it.
Full Text of Art. 5184
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A. An adverse party or the clerk of the court in which the litigation is pending may traverse the facts alleged in the affidavits of poverty, and the right of the applicant to exercise the privilege granted in this Chapter, by a rule against him to show cause why the order of court permitting him to litigate, or to continue the litigation, without paying the costs in advance, or as they accrue, or furnishing security therefor, should not be rescinded. However, only one rule to traverse the affidavit of poverty shall be allowed, whether the rule is filed by an adverse party or the clerk of court.
B. The court shall rescind its order if, on the trial of the rule to traverse, it finds that the litigant is not entitled to exercise the privilege granted in this Chapter.
Amendment History
Acts 1990, No. 179, §1.
Plain-English Summary
Once a court grants the poverty privilege, the opposing side is not without recourse if it believes the claim of poverty was false or has since changed. Article 5184 lets an adverse party, or the clerk of the court where the case is pending, challenge the affidavits by filing a rule against the applicant to show cause why the order permitting the privilege should not be rescinded. This challenge is called a traverse.
The article limits how many times this challenge can be brought: only one rule to traverse the affidavit of poverty is allowed, no matter whether it is the adverse party or the clerk of court who files it. That cap keeps the privilege from being relitigated indefinitely through repeated challenges, while still preserving a genuine opportunity to test the claim once.
If the traverse goes to trial and the court finds that the litigant is not entitled to the privilege after all, the outcome is direct: the court rescinds its earlier order. From that point forward, the litigant has to pay the costs of the proceeding like anyone else, unless a fresh basis for the privilege is later established.
Frequently Asked Questions
Can the other side challenge a claim of poverty after the privilege has been granted?
Yes. Article 5184 lets an adverse party or the clerk of court traverse the affidavits of poverty by filing a rule to show cause why the order should not be rescinded.
How many times can the poverty affidavit be challenged?
Only once. Article 5184 allows a single rule to traverse the affidavit of poverty, regardless of whether the adverse party or the clerk of court files it.
What happens if the court finds the litigant is not entitled to the privilege?
The court rescinds its earlier order granting the privilege, and the litigant becomes responsible for paying costs going forward.
Who can bring a traverse of the poverty affidavit?
Either an adverse party to the litigation or the clerk of the court in which the case is pending.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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