Legal Definitions - certificate of bad faith

A certificate of bad faith is a formal document issued by a U.S. federal court. It declares that an appeal filed by a party who was previously granted permission to proceed without paying court fees (a status known as in forma pauperis) is considered legally baseless or frivolous.

When a court issues a certificate of bad faith, it signifies that the appeal lacks any arguable merit or reasonable chance of success. Consequently, the party typically loses their fee waiver for the appeal and must pay the standard court fees and costs if they wish to continue pursuing their appeal.

• Example 1: A plaintiff, Mr. Henderson, sued a local government agency in federal court, claiming a minor procedural error in a permit application process. He was granted in forma pauperis status due to his limited income. The district court ruled against him, finding no legal basis for his claim. Mr. Henderson then decided to appeal this decision.

  How it illustrates the term: If the appellate court reviews Mr. Henderson's proposed appeal and determines that his arguments are entirely without legal merit, or that no reasonable person could believe the appeal has a chance of success, it might issue a certificate of bad faith. This would mean Mr. Henderson would have to pay the standard appellate court filing fees and costs to proceed with his appeal, despite his previous fee waiver.

• Example 2: Ms. Rodriguez, who has a history of filing numerous lawsuits against various entities, often on highly speculative or legally unsound grounds, was granted in forma pauperis status for her latest federal case. After the district court dismissed her case for failing to state a claim upon which relief could be granted, she filed a notice of appeal.

  How it illustrates the term: Given Ms. Rodriguez's history and the clear lack of legal foundation for her original claim and subsequent appeal arguments, the court could issue a certificate of bad faith. This action would indicate that her appeal is deemed frivolous, requiring her to pay the full court costs and fees if she wishes to pursue it further, rather than continuing to use public resources for a baseless legal challenge.

• Example 3: A pro se litigant, Mr. Chen, sued a large corporation in federal court, alleging a conspiracy to defraud him based on a misinterpretation of a standard product warranty. He was allowed to proceed in forma pauperis. The district court quickly dismissed his case, explaining that his claims had no legal basis under contract or consumer protection law. Mr. Chen, still convinced he was wronged, filed an appeal.

  How it illustrates the term: If the appellate court reviews Mr. Chen's appeal and concludes that his arguments are clearly frivolous—meaning they lack any arguable basis in law or fact—it could issue a certificate of bad faith. This would effectively revoke his in forma pauperis status for the appeal, compelling him to pay the standard filing fees and associated costs if he wishes to continue pursuing his legally unsound appeal.