Application to Proceed In Forma Pauperis

When the application to proceed in forma pauperis is used

Timing: filed with the complaint by a person unable to pay fees. This step usually happens before a lawsuit is filed or right as it begins. At this point, the parties decide where and how the case will proceed.

What the rule requires

• The person submits an affidavit that includes a statement of all assets and states that the person is unable to pay the fees or give security for them (§ 1915(a)(1)).
• Courts publish their own application forms; check the local form.

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of 28 U.S.C. § 1915(a)(1) online. Also, the federal judiciary publishes the current rules and recent amendments.

The application to proceed in forma pauperis in state court

This page covers the federal version. In state court, the application to proceed in forma pauperis may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

• In forma pauperis: proceeding without prepaying court fees because of inability to pay.

Related procedures

Similarly, these procedures often come up alongside it:

• Complaint: the pleading that starts a civil action. Under Rule 3, a civil action is commenced by filing a complaint with the court.

Before you rely on this page

Always read the current rule yourself instead of relying on a summary. Next, check the local rules and the judge’s standing orders, since they often add steps. Then look for recent decisions from your court that apply the rule. Finally, talk to a licensed attorney about your situation. You can find one in our directory.