In Forma Pauperis: Court Fee Waivers in State Courts
The constitutional principle of open access to the courts guarantees that no citizen should be denied justice solely because they lack the financial means to pay court filing fees and sheriff service charges. This right is exercised through an In Forma Pauperis (IFP) application.
1. The Two Primary Pathways to Fee Waivers
- Categorical Eligibility via Public Assistance: Litigants who receive means-tested public assistance (such as SNAP food stamps, Supplemental Security Income [SSI], Medicaid, or TANF) are eligible for automatic fee waiver approval in most states upon attaching proof of enrollment.
- Income & Expense Means Testing: Litigants whose income is at or below 125% to 150% of the Federal Poverty Guidelines, or whose basic necessary living expenses exceed their disposable income, qualify under financial affidavit evaluation.
2. Mandatory Documents to Submit
To apply for a court fee waiver, you must file two coordinated documents simultaneously with your initial complaint or petition:
- Application / Request for Waiver of Court Fees: A sworn application detailing household size, income sources, employer information, and liquid assets.
- Proposed Order on Application for Waiver: A standardized proposed order for the judge or clerk to sign, specifying whether fees are waived in full, waived partially, or scheduled for installment payment.
3. What Costs Are Covered?
A full fee waiver covers initial filing fees, clerk motion fees, jury fees, and certified copy charges. In many jurisdictions, it also entitles the litigant to free service of process by the county sheriff or marshal.