In Forma Pauperis in the United States

Latin for “in the manner of a pauper.” If a person is determined to be indigent, a court will allow him or her to proceed in forma pauperis. This status relieves the person of the burden of court costs and fees. It also frees the person from some of the requirements associated with the presentation of a case, such as submission of multiple copies of all materials. People who request pauper status must support their claim by Affidavit (Apellate Judicial Process). Indigent criminal defendants who had counsel appointed at the trial level are categorically entitled to proceed in forma pauperis.

See Also

Public Defender (Apellate Judicial Process).

Analysis and Relevance

Proceeding in forma pauperis is intended to address the disadvantages of indigence. By permitting people to proceed in forma pauperis, an indigent person’s right to sue and appeal is better protected. Approximately half of the cases reviewed annually by the U.S. Supreme Court are filed by indigents. While paupers’ cases are generally handled in the same manner as cases from parties who pay their own costs, they do have separate docket status. Matters filed in forma pauperis appear on the Miscellaneous Docket while “paid” cases are found on the Appellate Docket. Most of the paupers’ cases, upwards of 80 percent, are brought by federal and state prisoners. Only one to two percent of these indigent prisoners’ petitions are accepted for review, but it is from this group of cases that the U.S. Supreme Court frequently finds important questions affecting the rights of criminal defendants.

Notes and References

1. Definition of In Forma Pauperis from the American Law Dictionary, 1991, California

In Forma Pauperis Definition

(Lat.) In the character or form of a poor man. When a person is so poor that he cannot bear the charges of suing at law or in equity, upon making oath that he is not worth iive pounds, and bringing a certificate from a counsellor at law that he believes him to have a just cause, he is permitted to sue in forma pauperis, in the manner of a pauper; that is, he is allowed to have original writs and subpoenas gratis, and counsel assigned him without fee. 3 Bl. Comm. 400. And in most if not all the states, provision is made by statute for suing in forma pauperis, the manner of obtaining such privilege varying with the statutes. See 3 Johns. Ch. (N. Y.) 65; 1 Paige, Ch. (N. Y.) 588; 3 Paige, Ch. (N. Y.) 273; 5 Paige, Ch. (N. Y.) 58; 2 Molloy, 475.

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(Lat.) In the character or form of a poor man. When a person is so poor that he cannot bear the charges of suing at law or in equity, upon making oath that he is not worth iive pounds, and bringing a certificate from a counsellor at law that he believes him to have a just cause, he is permitted to sue in forma pauperis, in the manner of a pauper; that is, he is allowed to have original writs and subpoenas gratis, and counsel assigned him without fee. 3 Bl. Comm. 400. And in most if not all the states, provision is made by statute for suing in forma pauperis, the manner of obtaining such privilege varying with the statutes. See 3 Johns. Ch. (N. Y.) 65; 1 Paige, Ch. (N. Y.) 588; 3 Paige, Ch. (N. Y.) 273; 5 Paige, Ch. (N. Y.) 58; 2 Molloy, 475.

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This definition of In Forma Pauperis Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

In Forma Pauperis

United States Constitution

According to the Encyclopedia of the American Constitution, about its article titled 256 IN FORMA PAUPERIS(Latin: “In the manner of a poor person To insure that access to the courts is not barred by inability to pay the costs of litigation, poor persons may have fees and some procedural requirements waived and counsel appointed at public expense. In the federal courts this privilege is
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“In Forma Pauperis” Definition in the context of the Federal Court System

In the manner of a pauper.” The court may grant a litigant’s motion to proceed “in forma pauperis” and allow him or her to file a case without payment of the required court fees if the person does not have the financial means to pay a fee.