In forma pauperis
Encyclopedia
In forma pauperis is a Latin
legal term meaning "in the character or manner of a pauper". 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. 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
and witness fees.
Approximately two-thirds of writ of certiorari
petitions to the Supreme Court are filed in forma pauperis. Most of those petitioners are prisoners. 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.
IFP status is usually granted in connection to pro se petitioners, but the two concepts are separate and distinct.
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
legal term meaning "in the character or manner of a pauper". In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, 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
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
or a criminal defense. The status is usually granted by a judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
without a hearing, and it entitles the person to a waiver of normal costs, and sometimes in criminal cases the appointment of counsel
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
. 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 (law)
In the law of the United States, a deposition is the out-of-court oral testimony of a witness that is reduced to writing for later use in court or for discovery purposes. It is commonly used in litigation in the United States and Canada and is almost always conducted outside of court by the...
and witness fees.
Approximately two-thirds of writ of certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
petitions to the Supreme Court are filed in forma pauperis. Most of those petitioners are prisoners. 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.
IFP status is usually granted in connection to pro se petitioners, but the two concepts are separate and distinct.