pauperis

Pauperis is a Latin term meaning "of a poor person" or "for a poor person." In legal contexts, it is most commonly encountered in the phrase "in forma pauperis," which translates to "in the form of a poor person." This legal status allows individuals who cannot afford legal fees, such as court costs, filing fees, and attorney retainers, to proceed with lawsuits or other legal actions without incurring these expenses.

To be granted in forma pauperis status, a litigant must typically file an affidavit demonstrating their lack of financial resources. This affidavit usually details their income, assets, and liabilities to convince the court of their inability to pay. Courts have discretion in granting this status, and the criteria can vary by jurisdiction. If granted, the individual is exempted from various court fees. However, it does not automatically provide legal representation. While some jurisdictions may appoint pro bono counsel, this is not a universal entitlement.

The purpose of the in forma pauperis doctrine is to ensure access to the justice system for indigent individuals, upholding the principle that justice should not be denied solely based on financial status. It is a mechanism designed to prevent poverty from becoming an insurmountable barrier to seeking legal redress or defending oneself in court. The concept is recognized in many legal systems worldwide, reflecting a commitment to fairness and equal opportunity within the legal framework.