Legal Definitions - IFP

IFP stands for In Forma Pauperis. This Latin phrase literally translates to "in the form of a pauper." In the legal system, it refers to a special status granted to individuals who cannot afford the standard fees and costs associated with filing a lawsuit, appealing a court decision, or submitting certain petitions to government agencies.

When a court or agency grants an In Forma Pauperis petition, it allows the person to proceed with their legal case or administrative process without having to pay these fees. This mechanism is crucial for ensuring that financial hardship does not prevent individuals from accessing the justice system or exercising their legal rights.

Here are some examples illustrating how In Forma Pauperis applies:

• Civil Lawsuit Filing: Maria was severely injured due to a faulty product. She wants to sue the manufacturer for damages but has lost her job due to the injury and cannot afford the court's initial filing fees, which can be hundreds of dollars. Maria can file an In Forma Pauperis petition with the court. If the court reviews her financial situation (income, assets, and expenses) and determines she meets the established poverty guidelines, it will grant her petition. This allows her to file her lawsuit against the manufacturer without paying the filing fees, ensuring she can seek justice despite her current financial hardship.

• Appealing a Court Decision: John believes he was unfairly terminated from his job and lost his wrongful termination case in a state trial court. He wants to appeal the decision to the state court of appeals, but the fees for filing an appeal, preparing transcripts, and other associated costs are substantial, and he is currently unemployed. John can submit an In Forma Pauperis application to the appellate court. If the court finds that his financial resources are insufficient to cover the necessary appeal costs, it will waive these fees. This enables John to pursue his appeal and have his case reviewed by a higher court, preventing his inability to pay from blocking his access to the appellate process.

• Immigration Petition Fees: Elena is a refugee seeking asylum in the United States. She needs to file several forms with U.S. Citizenship and Immigration Services (USCIS), each carrying a significant fee. As a refugee, she has no income or assets. Elena can apply for an In Forma Pauperis waiver (often referred to as a fee waiver in administrative contexts, but operating on the same principle) with USCIS. By demonstrating her financial inability to pay the required fees, she can have them waived, allowing her to submit her asylum application and other necessary petitions without financial burden. This ensures that her path to legal status is not blocked by her economic circumstances.