Legal Definitions - in forma pauperis

In forma pauperis is a Latin phrase that translates to "in the manner of a pauper" or "as a poor person." In legal terms, it refers to a special status granted by a court that allows individuals who cannot afford the standard court fees and costs to file or proceed with a lawsuit or appeal without having to pay those expenses.

The purpose of in forma pauperis status is to ensure that financial hardship does not prevent someone from accessing the justice system. While it aims to provide equal access, obtaining this status is not an automatic right. It is subject to the court's discretion, which involves a review of the applicant's financial situation to determine if they genuinely lack the means to pay the required fees. Courts may also deny this status if the lawsuit appears to be frivolous (lacking legal merit), malicious, or fails to state a valid legal claim. There are also specific restrictions for prisoners who have repeatedly filed unsuccessful lawsuits deemed frivolous.

• Example 1: Civil Rights Claim

  Maria was recently laid off from her job and believes she was discriminated against due to her age. She wants to sue her former employer but has exhausted her savings and cannot afford the several hundred dollars in court filing fees. Maria can apply to the court for in forma pauperis status.

  How it illustrates the term: If the court reviews Maria's financial documents and agrees that she lacks the means to pay, she would be allowed to file her discrimination lawsuit without having to pay the initial filing fees, ensuring her access to justice despite her current financial hardship.

• Example 2: Family Law Matter

  David is a single father who recently became unemployed and is struggling to make ends meet. He needs to file a motion in family court to adjust his child support payments due to his changed income, but he cannot afford the court's motion filing fees.

  How it illustrates the term: David can request in forma pauperis status from the family court. If approved, he would be permitted to file his motion to modify child support without paying the associated court costs, allowing him to seek a necessary legal adjustment despite his current unemployment.

• Example 3: Prisoner Appeal

  A state prisoner, Mr. Henderson, believes his constitutional rights were violated during his trial and wishes to file a federal lawsuit challenging his conviction. However, he has no income or assets within the prison system to cover the substantial federal court filing fees.

  How it illustrates the term: Mr. Henderson can petition the federal court for in forma pauperis status. The court would review his financial situation and the merits of his claim. If granted, he could proceed with his lawsuit without paying the fees upfront. However, the court would also scrutinize his filing history, as repeated frivolous lawsuits could lead to a denial of this status, even for a prisoner.