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In forma pauperis is a legal status that allows low-income individuals to access the courts by waiving filing fees. Many countries have procedures in place for this, but each jurisdiction has its own rules for determining low-income status. In the US, inmates often file frivolous claims, leading to additional rules for examining the merits of complaints. Even if granted, in forma pauperis does not eliminate all costs of pursuing a lawsuit.
In forma pauperis means “in the character or manners of a poor man”. The phrase is of Latin origin. In some legal proceedings, a person may file a request seeking permission from the court to proceed with a case in forma pauperis, which means that the person asks the court to waive filing fees. It is a legal status granted to a person by the court and allows people with low income or no income to access the courts.
The United States, Canada, South Africa, and many other jurisdictions have procedures in place that allow a person to proceed with a case in forma pauperis. In the United States, a judge must determine whether an individual is low-income before granting status. Each jurisdiction in the United States will have its own procedures used to determine whether a person is low-income. A person is generally considered low-income if they receive public assistance of some kind. If it is established that a person has a low income, the judge is required to accept the request to proceed in forma pauperis.
The actual procedure for requesting a waiver of costs and court costs is contained in the Rules of Procedure of the court. The rules usually require that an applicant file the claim by filing a motion, question, or petition. The applicant must sign the deed before a notary and deposit it with the court together with any supporting documents required by the regulations. The rules may not refer to this procedure as in forma pauperis. It can simply be called a fee and expense waiver request.
The rules setting out the procedures in forma pauperis ensure that low-income people have access to the courts. It allows them to obtain divorces, apply for change of custody orders, and pursue other types of remedies that only the courts can provide. Without such access to the courts, low-income people would not easily be able to get relief.
A large number of forma pauperis claims in the United States come from inmates pursuing claims. Critics believe many of these requests are frivolous. This has led many jurisdictions to create additional rules that allow the court to examine the merits of the complaint. If the court determines that the complaint is clearly frivolous, the judge will deny the request. The judge will also reject the application if the facts alleged would not entitle the appellant to relief.
Even if a judge grants an individual the right to proceed with a case in forma pauperis, he will not necessarily eliminate all costs of pursuing a lawsuit. Court rules may, for example, require a party to pay witness fees, depositary fees, or copy fees. The rules or statutes regarding the fees that a court must waive vary for each jurisdiction.
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