In forma pauperis
From Wikipedia, the free encyclopedia
In forma pauperis is a legal term derived from the Latin phrase in the form of a pauper. In the United States, the designation is given by both state and federal courts to someone who is without the funds to pursue the normal costs of a lawsuit or a criminal defense. It is usually granted by a judge without a hearing and it entitles the person to a waiver of normal costs, and sometimes in criminal cases the appointment of counsel. Normal costs such as filing fees are waived but discovery costs like depositions and witness fees are not.
According to American Constitutional Law by Otis H. Stephens and John M. Scheb, approximately two-thirds of writ of certiorari petitions to the Supreme Court are filed in forma pauperis (27). This is because the majority of persons filing a writ in forma pauperis are imprisoned.
IFP status is usually granted in connection to pro se petitioners, but the two concepts are separate and distinct.
