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in forma pauperis

In forma pauperis is a Latin term meaning "in the manner of a pauper." A suit brought in forma pauperis allows a poor person to bring suit without incurring the costs of the suit. 

Proceeding in forma pauperis is not a right, and is subject to the discretion of the court. Courts are authorized to allow plaintiffs to file suit in forma pauperis by 28 U.S. Code §1915 . Bringing a suit in forma pauperis is available for both district court claims and appeals . 

In forma pauperis suits are most commonly brought by prisoners; however, due to 28 U.S. Code §1915 (g) , a prisoner is prohibited from filing in forma pauperis if they had previously filed three unsuccessful in forma pauperis lawsuits which were dismissed for being malicious, frivolous , or failing to state a claim . 

[Last reviewed in January of 2023 by the Wex Definitions Team
]

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