In forma pauperis
Legal term
From Wikipedia, the free encyclopedia
In forma pauperis (/ɪn ˈfɔːrmə ˈpɔːpərɪs/; IFP or i.f.p.) is a Latin legal term meaning "in the character or manner of a pauper".[1] It refers to the ability of an indigent person to proceed in court without payment of the usual fees associated with a lawsuit or appeal.[1]
United Kingdom
| Act of Parliament | |
.svg) | |
| Long title | An Acte to admytt such persons as are poore to sue in formâ pauperis. |
|---|---|
| Citation | 11 Hen. 7. c. 12 |
| Territorial extent | England and Wales |
| Dates | |
| Royal assent | 22 December 1495 |
| Commencement | 14 October 1495[a] |
| Repealed | 18 July 1973 |
| Other legislation | |
| Amended by | |
| Repealed by | Statute Law (Repeals) Act 1973 |
| Relates to | Appeal (Formâ Pauperis) Act 1893 |
Status: Repealed | |
| Text of statute as originally enacted | |
| Appeal (Formâ Pauperis) Act 1893[b] | |
|---|---|
| Act of Parliament | |
.svg) | |
| Long title | An Act to amend the Appellate Jurisdiction Act, 1876, so far as regards Appeals in Formâ Pauperis. |
| Citation | 56 & 57 Vict. c. 22 |
| Territorial extent | United Kingdom |
| Dates | |
| Royal assent | 29 June 1893 |
| Commencement | 29 June 1893[c] |
| Repealed | 18 July 1973 |
| Other legislation | |
| Amends | Appellate Jurisdiction Act 1876 |
| Repealed by | Statute Law (Repeals) Act 1973 |
| Relates to | |
Status: Repealed | |
| Text of statute as originally enacted | |
The Suing in Forma Pauperis Act 1495 11 Hen. 7. c. 12 allowed any poor person having cause of action to bring a writ without paying the usual fees.
Appeals to the House of Lords in formâ pauperis were regulated by the Appeal (Formâ Pauperis) Act 1893 (56 & 57 Vict. c. 22), which gave the House of Lords power to refuse a petition for leave to sue.
IFP was abolished in the United Kingdom in favour of a legal aid approach as part of the Legal Aid and Advice Act 1949 (12, 13 & 14 Geo. 6. c. 51).[2][3]
United States
In the United States, the IFP 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.[1] The status 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. While court-imposed costs such as filing fees are waived, the litigant is still responsible for other costs incurred in bringing the action such as deposition[citation needed] and witness fees. However, in federal court, a pauper can obtain free service of process through the United States Marshal's Service.[4]
Approximately two-thirds of writ of certiorari petitions to the Supreme Court are filed in forma pauperis.[5][6] Most of those petitioners are prisoners.[5] Statistically, petitions that appear on the Supreme Court's in forma pauperis docket are substantially less likely to be granted review than others on the docket.[7]
Gideon v. Wainwright, 372 U.S. 335 (1963), is a landmark case in United States Supreme Court history where in forma pauperis was invoked.[8] In forma pauperis is usually granted in connection to pro se petitioners, but the two concepts are separate and distinct.
See also
Notes
- Start of session.
- Section 2.