Have you ever heard a lawyer or a judge use the term “in forma pauperis” in a courtroom and wondered what it meant? “In forma pauperis” is a Latin term that translates to “in the form of a poor person.” By law, a person can apply for a waiver of fees and court costs when they cannot afford to pay them. This is referred to as “filing in forma pauperis”. It is commonly used for those who are dealing with low income or that are financially unable to pay the fees or court costs associated with a legal case. When accepted, filing in forma pauperis allows those individuals to access the justice system that they would otherwise be excluded from due to their financial limitations.
The process of filing in forma pauperis varies from jurisdiction to jurisdiction. Each court may have its own specific requirements. Generally, an application must be completed and approved before fees and court costs can be waived. The application may ask the applicant for proof of their financial standing and is typically used to determine whether the person is eligible or not. Depending on the jurisdiction, an order from a judge is typically required to waive fees and court costs.
In today’s society, filing in forma pauperis is a vital piece of the justice system, providing access and resources to those who would otherwise be unable to participate in legal proceedings. Rather than have the decision of filing in forma pauperis be an arbitrary one, it is in the court’s responsibility to assess each case on its own merits and provide access to individuals who are unable to pay the typical costs associated with legal proceedings.