Access To Courts: Waiving Costs of Litigation (In Forma Pauperis)

Filing or defending a lawsuit in Pennsylvania requires individuals to pay hundreds of dollars in fees and costs. If a person cannot pay these fees, their lawsuit will be dismissed (if they are filing a lawsuit) or a default judgment will be granted against them (if they are defending a lawsuit filed against them).

Lower-income individuals may seek to have these costs waived by filing a petition to proceed in forma pauperis (or “IFP”) with a trial or appellate court. This right to proceed in forma pauperis has long existed under Pennsylvania Constitution and common law, and is enshrined in the Pennsylvania Rules of Civil Procedure.

Ensuring that individuals may proceed IFP is a critical access-to-justice issue, as court costs can quickly balloon into hundreds or thousands of dollars – a prohibitive expense for many individuals.

The resources below are intended to provide members of the public, attorneys, and judges with a clearer understanding of the law surrounding IFP petitions. The Self-Help Guide provides a roadmap for how to submit an IFP petition for plaintiffs and defendants who do not have a lawyer. The Legal Guide provides more in-depth discussion of rules and cases governing IFP petitions in Pennsylvania, to help courts comply with the law surrounding waiver of court costs and fees – and to ensure that lower-income individuals are able to access and participate in the Pennsylvania court system.