ABSTRACT

An in forma pauperis petition is used by indigent persons to bypass usual court protocol and fees, allowing them to appear in court, with or without an attorney, without having to pay court fees. In forma pauperis petitions are governed by US Supreme Court Rule 53. This rule allows an impoverished person to file just one copy of the appeal. It instructs court staff to make allowances for minor errors as long as the substance of the appeal complies with court rules. In most cases, in forma pauperis petitions may also be handwritten. Supreme Court Rule 53 and in forma pauperis petitions are almost always associated with the case of Gideon v. Wainwright, 372 US 335 (1963). Legal assistance is extended in many civil cases as well as for serious criminal charges. Although federal funding for legal assistance is under tight budgetary constraints, the right to proceed in forma pauperis is not questioned.