In forma pauperis
In forma pauperis (/ɪn ˈfɔːrmə ˈpɔːpərɪs/; IFP or i.f.p.) is a Latin legal term meaning "in the character or manner of a pauper".[1] 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.[1]
United Kingdom
[edit]| Act of Parliament | |
.svg) | |
| Long title | An Acte to admytt such persons as are poore to sue in formâ pauperis. |
|---|---|
| Citation | 11 Hen. 7. c. 12 |
| Territorial extent | England and Wales |
| Dates | |
| Royal assent | 22 December 1495 |
| Commencement | 14 October 1495[a] |
| Repealed | 18 July 1973 |
| Other legislation | |
| Amended by | |
| Repealed by | Statute Law (Repeals) Act 1973 |
| Relates to | Appeal (Formâ Pauperis) Act 1893 |
Status: Repealed | |
| Text of statute as originally enacted | |
| Appeal (Formâ Pauperis) Act 1893[b] | |
|---|---|
| Act of Parliament | |
.svg) | |
| Long title | An Act to amend the Appellate Jurisdiction Act, 1876, so far as regards Appeals in Formâ Pauperis. |
| Citation | 56 & 57 Vict. c. 22 |
| Territorial extent | United Kingdom |
| Dates | |
| Royal assent | 29 June 1893 |
| Commencement | 29 June 1893[c] |
| Repealed | 18 July 1973 |
| Other legislation | |
| Amends | Appellate Jurisdiction Act 1876 |
| Repealed by | Statute Law (Repeals) Act 1973 |
| Relates to | |
Status: Repealed | |
| Text of statute as originally enacted | |
The Suing in Forma Pauperis Act 1495 11 Hen. 7. c. 12 allowed any poor person having cause of action to bring a writ without paying the usual fees.
Appeals to the House of Lords in formâ pauperis were regulated by the Appeal (Formâ Pauperis) Act 1893 (56 & 57 Vict. c. 22), which gave the House of Lords power to refuse a petition for leave to sue.
IFP was abolished in the United Kingdom in favour of a legal aid approach as part of the Legal Aid and Advice Act 1949 (12, 13 & 14 Geo. 6. c. 51).[2][3]
United States
[edit]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.[4]
Approximately two-thirds of writ of certiorari petitions to the Supreme Court are filed in forma pauperis.[5][6] Most of those petitioners are prisoners.[5] 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.[7]
Gideon v. Wainwright, 372 U.S. 335 (1963), is a landmark case in United States Supreme Court history where in forma pauperis was invoked.[8] In forma pauperis is usually granted in connection to pro se petitioners, but the two concepts are separate and distinct.
See also
[edit]Notes
[edit]- ^ Start of session.
- ^ Section 2.
- ^ The Acts of Parliament (Commencement) Act 1793.
References
[edit]- ^ a b c Black, Henry Campbell; Nolan, Joseph R.; Nolan-Haley, Jacqueline M. (1990). Black's Law Dictionary (6th ed.). West Publishing. p. 779. ISBN 978-0-314-76271-9.
- ^ "The implications for access to justice of the Government's proposals to reform legal aid".
- ^ L. C. B. G. (1950). "Legal Aid and Advice Act, 1949". The Modern Law Review. 13 (1): 81–87. JSTOR 1090151.
- ^ Fed. R. Civ. P. Rule 4(c)(3)
- ^ a b Wrightsman, Lawrence S. (2006). The Psychology of the Supreme Court. US: Oxford University Press. p. 60. ISBN 978-0-19-530604-0.
- ^ Stephens, Otis H.; Scheb, John M. (2002). American Constitutional Law. Thomson Wadsworth. ISBN 978-0-534-54570-3.
- ^ Thompson, David C.; Wachtell, Melanie F. (2009). "An Empirical Analysis of Supreme Court Certiorari Petition Procedures". George Mason University Law Review. 16 (2): 237, 241. SSRN 1377522.
- ^ Lewis, Anthony (1964). Gideon's Trumpet. U.S.: Random House. ISBN 978-0-679-72312-7.
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External links
[edit]- Chisholm, Hugh, ed. (1911). . Encyclopædia Britannica. Vol. 14 (11th ed.). Cambridge University Press. p. 556.
