''In forma pauperis'' (; IFP or i.f.p.) is a
Latin
Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through ...
legal term meaning "in the character or manner of a pauper".
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.
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United Kingdom
IFP was abolished in the United Kingdom in favor of a legal aid
Legal aid is the provision of assistance to people who are unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to c ...
approach as part of the Legal Aid and Advice Act 1949.
United States
In the United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
, 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
-
A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil act ...
or a criminal defense.judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
without a hearing, and it entitles the person to a waiver of normal costs, and sometimes in criminal cases the appointment of counsel
A counsel or a counsellor at law is a person who gives advice and deals with various issues, particularly in legal matters. It is a title often used interchangeably with the title of ''lawyer''.
The word ''counsel'' can also mean advice given ...
. 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
Deposition may refer to:
* Deposition (law), taking testimony outside of court
* Deposition (politics), the removal of a person of authority from political power
* Deposition (university), a widespread initiation ritual for new students practiced f ...
and witness fees. However, in federal court, a pauper can obtain free service of process
Service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person s ...
through the United States Marshal's Service.
Approximately two-thirds of writ of certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of ...
petitions to the Supreme Court are filed ''in forma pauperis''.[ 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.
'']Gideon v. Wainwright
''Gideon v. Wainwright'', 372 U.S. 335 (1963), was a landmark U.S. Supreme Court decision in which the Court ruled that the Sixth Amendment of the U.S. Constitution requires U.S. states to provide attorneys to criminal defendants who are unable to ...
'', 372 U.S. 335 (1963), is a landmark case in United States Supreme Court history where ''in forma pauperis'' was invoked.pro se
''Pro se'' legal representation ( or ) comes from Latin ''pro se'', meaning "for oneself" or "on behalf of themselves" which, in modern law, means to argue on one's own behalf in a legal proceeding, as a defendant or plaintiff in civil cases, ...
'' petitioners, but the two concepts are separate and distinct.
See also
* Pauper's oath A pauper's oath is a sworn statement or oath by a person of being completely destitute or a pauper, without much money or property.
A person without the ability to pay court costs, also known as "being indigent", has the option to swear a pauper' ...
Notes
External links
*
Latin legal terminology
{{Latin-legal-phrase-stub