In forma pauperis

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In forma pauperis (IFP) is a legal term derived from the Latin phrase in the character or manner of a pauper.[1] 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.[2] The status is usually granted by a judge without a hearing, and 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 others' costs incurred in bringing the action such, as deposition and witness fees.

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.

[edit] Notes

  1. ^ Black's Law Dictionary, p. 701 (5th ed. 1979).
  2. ^ Id.