Legal Definitions - in forma pauperis affidavit

An in forma pauperis affidavit is a sworn written statement submitted to a court by an individual who declares they are unable to pay the required court fees, costs, or security deposits due to their financial hardship. By filing this affidavit, the person requests that the court waive these fees, allowing them to proceed with their legal case, such as filing a lawsuit, appealing a decision, or responding to legal action, without incurring the usual financial burden.

Here are some examples illustrating the application of an in forma pauperis affidavit:

• Example 1: Civil Rights Lawsuit
  Maria believes her employer discriminated against her based on her age, violating her civil rights. She wants to file a lawsuit in federal court but has recently been laid off and has very limited savings. The court filing fees alone are several hundred dollars, which she cannot afford. Maria can prepare and submit an in forma pauperis affidavit to the court, detailing her income, assets, and expenses, and requesting that the court waive the filing fees so she can pursue her discrimination claim without financial impediment.

• Example 2: Appealing a Family Court Decision
  David recently went through a difficult divorce and is unhappy with certain aspects of the family court's final custody order. He wishes to appeal the decision to a higher court, but the appellate court requires significant filing fees and a bond to proceed. David, who is now supporting himself and his children on a single, modest income, finds these costs prohibitive. He can file an in forma pauperis affidavit with the appellate court, providing evidence of his financial situation, to ask the court to waive these fees and allow him to challenge the custody order.

• Example 3: Seeking a Protective Order
  Sarah needs to obtain a protective order against an abusive individual but is currently unemployed and living in a shelter. She fears for her safety but does not have the money to pay the court's administrative fees for filing the necessary petition. Sarah can submit an in forma pauperis affidavit to the court, explaining her financial inability to pay. If approved, the court will waive the fees, enabling her to file for the protective order and seek legal protection without having to pay upfront costs.