In forma pauperis
In forma pauperis (
United Kingdom
| Act of Parliament | |
 11 Hen. 7. c. 12 | |
| Other legislation | |
|---|---|
| Repealed by | Statute Law (Repeals) Act 1973 |
Status: Repealed | |
| Appeal (Formâ Pauperis) Act 1893 | |
|---|---|
| Act of Parliament | |
 56 & 57 Vict. c. 22 | |
| Dates | |
| Royal assent | 29 June 1893 |
| Other legislation | |
| Repealed by | Statute Law (Repeals) Act 1973 |
Status: Repealed | |
The statute
Appeals to the House of Lords in formâ pauperis were regulated by the Appeal (Formâ Pauperis) Act 1893, which gave the House of Lords power to refuse a petition for leave to sue.
IFP was abolished in the United Kingdom in favor of a legal aid approach as part of the Legal Aid and Advice Act 1949.[2][3]
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.[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]
See also
Notes
- ^ ISBN 978-0-314-76271-9.
- ^ "The implications for access to justice of the Government's proposals to reform legal aid".
- JSTOR 1090151.
- ^ Fed. R. Civ. P. Rule 4(c)(3)
- ^ ISBN 978-0-19-530604-0.
- ISBN 978-0-534-54570-3.
- SSRN 1377522.
- ISBN 978-0-679-72312-7.
External links
- Chisholm, Hugh, ed. (1911). . Encyclopædia Britannica. Vol. 14 (11th ed.). Cambridge University Press. p. 556.
