Notice Of Free Process

Original Language Title: Bekendtgørelse om fri proces

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=121923

Notice of free process

Under section 325 (2) and § § 326 and 330 of the law on the Court of Justice, without prejudice. lovbekendtgørelse nr. 1069 of 6. November 2008, fixed:

§ 1. By decisions of free process is used as a revenue base, the sum of





1) personal income after personal tax law § 3 and

2) as income after personal tax law § 4 with the addition of share income after personal tax Act section 4 (a) and CFC income after personal tax Act § 4 b.





(2). By calculations in accordance with paragraph 1 shall apply the income shown in the financial statements for the previous calendar year. If the sum of income, equity income and CFC income is negative, disregarding it. For cohabiting, this applies only if the couple overall, have a negative income of these species.

(3). Free process in accordance with the code of civil procedure § § 327 and 328 may be granted if the applicant's revenue base calculated in accordance with paragraph 1 are 264,000 USD or less. Living in a cohabitation, the applicant may be granted legal aid if the sum of the couple's revenue base is 336,000 USD or less. If the couple have opposing interests in the matter, however, used the applicant's own revenue base and income limit for single people.

(4). The amounts referred to in paragraph 3 shall be increased with 46,000 KR. for every child, including stepchildren and foster children, under the age of 18, who are either living with the applicant or largely dependent on this.

§ 2. Applicant's current income differs according to the available information materially from that which is taken into account when determining the income amount under section 1, paragraph 1, be the corresponding current income relative to the ground. The same applies, if there are no recorded a revenue base for the applicant.

§ 3. Is the applicant under 18 years of age, can also take into account the parents ' financial circumstances.

§ 4. The applicant must attach tax assessment notice from the tax authorities for the year 2007. Where the application is filed in december 2009 to be attached to the financial statements for 2008 as well. Living in a cohabitation, the applicant must also be attached to the samleve's annual statement. However, this does not apply if the pair have opposing interests in the matter.

(2). The applicant shall indicate the number of children, including stepchildren and foster children, under the age of 18, who are either living with the applicant or largely dependent on this.

(3). The applicant shall indicate whether there is a legal expenses insurance or other insurance that covers the costs of the proceedings.

(4). Civil agency may require the applicant to provide further information for the purpose of these proceedings.

§ 5. The notice shall enter into force on the 1. January 2009.

(2). The Ordinance shall apply to applications that are being processed the 1. January 2009 or later, unless the lawsuit, which sought free process is completed before this date.

(3). Executive Order No. 1468 of 12. December 2007 about free process is repealed. The notice shall, however, continue to apply to applications for legal aid in court proceedings, which is completed before the 1. January 2009.
The Ministry of Justice, the 21. November 2008 Brian M/Astrid Mavrogenis