Legal Definitions - pauper's oath

A pauper's oath is a formal, sworn statement made by an individual declaring under penalty of perjury that they do not have sufficient financial resources to pay court fees, legal costs, or other expenses associated with a legal proceeding. By taking this oath, a person can often proceed "in forma pauperis" (meaning "in the manner of a pauper"), which allows them to be excused from paying these fees, thereby ensuring access to the justice system regardless of their economic status.

• Example 1: Filing a Civil Lawsuit

  Scenario: Emily was severely injured in a slip-and-fall accident at a grocery store and believes the store was negligent. She wants to file a personal injury lawsuit to seek compensation for her medical bills and lost wages, but she is currently unable to work due to her injuries and cannot afford the court's filing fees, which can be hundreds of dollars.

  Illustration: To overcome this financial barrier, Emily could submit a pauper's oath to the court. This sworn statement would attest to her inability to pay the required fees, and if approved by the judge, would allow her to file her lawsuit without upfront payment, ensuring her right to seek justice is not denied due to her temporary financial hardship.

• Example 2: Initiating Divorce Proceedings

  Scenario: David wishes to file for divorce from his spouse, but he has recently lost his job and is struggling to pay his basic living expenses. He cannot afford the court's mandatory filing fees and other administrative costs associated with initiating a divorce case.

  Illustration: David can execute a pauper's oath, formally declaring his financial hardship to the court. If the court accepts his oath, he would be granted permission to proceed with his divorce petition without having to pay the standard fees, allowing him to legally dissolve his marriage despite his current financial difficulties.

• Example 3: Appealing a Court Decision

  Scenario: Maria lost a civil case in a lower court and believes the judge made a significant legal error that affected the outcome. She wants to appeal the decision to a higher court, but the appellate court requires a substantial filing fee and potentially a bond, which she cannot afford after exhausting her savings during the initial trial.

  Illustration: Maria can present a pauper's oath to the appellate court, swearing to her financial inability to pay the necessary fees and bond. If the court grants her request based on this oath, she would be allowed to pursue her appeal without these upfront costs, ensuring her right to have her case reviewed by a higher court is preserved.