April 5, 2023
In a previous Trending Topic, NCSC collected data on state-by-state filing fee schedules to increase transparency about court costs. The costs associated with starting a case, getting copies of certified court documents, records, or jury requests, etc. can deter individuals from pursuing their cases through the courts. Fortunately, states and territories offer a fee waiver process to reduce cost burdens for individuals. Unfortunately, many court users do not know about them.
Courts have been making strides toward increasing access to justice, and highlighting court fee waivers is one way to do that. States operate their court systems differently. Therefore, there is not a unform or national fee waiver form. These documents use a variety of different names including Request to Waive Fees, Pauper’s Affidavit, or Request to Proceed in Forma Pauperis. In forma pauperis is the Latin term for an indigent person. Plain language should be used on these forms to improve understanding of the document. Some fee waivers use poor person or pauper in the title. Certain terms can discourage citizens from filing a fee waiver. To enhance accessibility, courts can make these documents easier to find and complete.
Just as states differ in what they call individuals who cannot afford filing fees and the associated costs, they also differ in the requirements to qualify for a waiver. Some states determine eligibility based on the federal poverty level (Illinois and Vermont). Some are whether the person is receiving state or federal public benefits (California and Washington). Other states leave the matter up to judicial discretion, which may require additional documents or a subsequent hearing to demonstrate need. Georgia, Kentucky, Nebraska , North Carolina, Ohio, Oklahoma, Rhode Island, and South Carolina require a notary signature on the waiver. Other states allow regular online or in-person submissions. Court users can always call and ask about other form requirements.
With 22 percent of the U.S. population speaking a language other than English at home, many states have attempted to address language barriers by providing these forms in other languages. For example, Kentucky offers the forms in Arabic, English, French, Kinyarwanda, Spanish, and Swahili. States can upload court forms in multiple languages to improve access to justice. The table below has the links for each state and territory’s civil filing fee waivers, the title of the document, and links to the forms in the languages available.
What is your court doing to improve civil fee waivers? Share them with us. For more information, contact Knowledge@ncsc.org or call 800-616-6164. Follow the National Center for State Courts on Facebook, Twitter, and LinkedIn.
Waiver on State Website | Title of Waiver Form | PDF Copies |
Affidavit of Substantial Hardship and Order | ||
Request for Exemption From Payment of Fees | ||
No information found | ||
Application for Deferral or Waiver of Court Fees or Costs and Consent to Entry of Judgement | Download Available Through Site | |
Affidavit of Financial Means | ||
Request to Waive Court Fees | ||
Request to Waive Fees | ||
Application For Waiver of Fees/Payment of Costs - Civil, Housing, Small Claims, and Appellate | ||
Application and Affidavit to Proceed in Forma Pauperis | ||
Applications to Proceed without Prepayment of Costs, Fees, or Security | ||
Application For Determination of Civil Indigent Status | ||
Pauper's Affidavit | ||
Indigent Defense | ||
Request To Proceed In Forma Pauperis | District Variance | |
Motion and Affidavit for Fee Waiver | ||
Application For Waiver of Court Fees | ||
Create a Waiver Account for In Forma Pauperis status | Online Application Process | |
Application and Affidavit to Defer Payment of Costs | Based on Case Type | |
Poverty Affidavit | ||
Motion for Waiver of Costs and Fees and to Proceed in Forma Pauperis; Affidavit; Financial Statement; and Order | ||
In Forma Pauperis Affidavit | ||
Application to Proceed Without Payment of Fees | Download Available Through Site | |
Request for Final Waiver of Open Costs | ||
Affidavit of Indigency | ||
Fee Waiver Request | ||
Affidavit for Proceeding in Forma Pauperis | ||
Motion to Proceed in Forma Pauperis; Pauper’s Affidavit | Download Available Through Site | |
Motion and Affidavit in Support of Request to Proceed as a Poor Person | ||
Fee Waiver Form | ||
Affidavit and Application to Proceed In Forma Pauperis (Request to Proceed Without Payment of Fees) | Multiple Languages Available for Specific Cases | |
Application to Proceed In Forma Pauperis | English (Application, Order) Spanish (Aplicación, Orden) | |
District Variation | Based on Case Type | |
Certification/ Petition/ Application in Support of a Fee Waiver | ||
Application for Free Process and Affidavit of Indigency | Download Available Through Site | |
Affidavit in Support of an Application to Proceed as a Poor Person and to Waive Court Fees | District Variance English (Sample) | |
Petition to Proceed As An Indigent | ||
Petition for Waiver of Filing Fees, Financial Affidavit in Support of Petition for Waiver of Filing Fees | English (Petition, Financial Affidavit, and Order) | |
Waiver of Filing Fee | English (Motion and order, Statement) | |
Affidavit of Indigency; Civil Fee Waiver Affidavit Order | ||
Pauper's Affidavit | ||
Application for Deferral or Waiver of Fees and Declaration in Support | ||
Motion to Proceed In Forma Pauperis; in Forma Pauperis Affidavit Petition | ||
Application and Declaration for Waiver of Fees Due to Indigency | ||
Affidavit of Indigency | ||
Motion and Affidavit to Proceed In Forma Pauperis | Based on Case Type | |
Motion to Waive Filing & Service of Process Fee, Financial Affidavit | English (Motion, Financial Affidavit) | |
Uniform Civil Affidavit of Indigency | ||
Statement of Inability to Afford Payment of Court Costs or an Appeal Bond | ||
District Variations | Based on Case Type | |
Application to Waive Filing Fees and Service Costs | ||
Request to Proceed in Forma Pauperis | ||
Petition for Proceeding in Civil Case Without Payment of Fees or Costs | ||
Motion and Declaration for Waiver of Civil Fees and Surcharges | ||
Financial Affidavit and Application | ||
Petition for Waiver of Fees and Costs - Affidavit of Indigency | ||
Affidavit of Indigency and Request for Waiver of Filing Fees and All Fees Associated Therewith |