In forma pauperis
In forma pauperis (/ɪn ˈfɔːrmə ˈpɔːpərᵻs/; IFP or i.f.p.) is a Latin legal term meaning "in the character or manner of a pauper".[1]
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.[2]
Approximately two-thirds of writ of certiorari petitions to the Supreme Court are filed in forma pauperis.[3][4] Most of those petitioners are prisoners.[3] 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.[5]
Gideon v. Wainwright, 372 U.S. 335 (1963), is a landmark case in United States Supreme Court history where in forma pauperis was invoked.[6] In forma pauperis is usually granted in connection to pro se petitioners, but the two concepts are separate and distinct.
Notes
- ↑ 1.0 1.1 Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Fed. R. Civ. P. Rule 4(c)(3)
- ↑ 3.0 3.1 Lua error in package.lua at line 80: module 'strict' not found.
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