Fee Waivers in Court: How the Request Works

Starting a court case usually costs money. There are filing fees, and there may be other costs along the way, such as fees for serving papers or getting copies. If you cannot afford these costs, you may be able to ask the court to let you proceed without paying them up front. This is often called a fee waiver. In federal court, it is also called proceeding "in forma pauperis." This guide explains, in general terms, how the request works.

What a fee waiver is

A fee waiver is a request to the court, not an automatic right. You ask the judge to allow your case to move forward without prepaying certain fees or costs because you cannot afford them. The judge reviews your financial information and decides.

Fee waiver rules are set separately for federal courts and for each state's courts. Which fees can be waived, who qualifies, and what forms you use all depend on the court where your case is. This article gives a general picture and uses the federal forms as an example, because they are published nationally.

Federal court fee waiver forms

The federal judiciary publishes fee waiver application forms for use in U.S. district courts:

• AO 239 — Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form)
• AO 240 — Application to Proceed in District Court Without Prepaying Fees or Costs (Short Form)
• AO 240A — Order to Proceed Without Prepaying Fees or Costs, which is the form a court may use for its decision

Some federal district courts have their own local forms or instructions, so check the website of the court where you are filing, or ask the clerk's office which form to use.

What the application asks

The AO 240 short form gives a good idea of the kind of information courts look at. It asks about:

• Your employer, if you work, and your gross and take-home pay
• Other income in the past 12 months, such as self-employment, rent, interest, pensions, disability or workers' compensation payments, and gifts or inheritances
• Money you have in cash or bank accounts
• Property and other things of value you own, such as a car or real estate
• Your regular monthly expenses, such as housing, transportation, utilities, and loan payments
• People who depend on you for support
• Your debts

If you are incarcerated, the form asks for a certified statement of your institutional account for the last six months.

You sign the application under penalty of perjury. The AO 240 declaration states that a false statement may result in a dismissal of your claims. Answer every question honestly and completely. If something does not apply to you, say so rather than leaving it blank, unless the instructions say otherwise.

How the process usually works

The steps vary by court, but a typical process looks like this:

1. Get the right form. Use the form required by the court where your case will be filed. State courts usually have their own forms, often on the state court website or available from the clerk's office.
2. Fill it out carefully. Gather pay stubs, benefit letters, and bank statements so your numbers are accurate.
3. File it with your case papers. Usually the fee waiver request is filed at the same time as the document that starts the case, instead of the filing fee.
4. Wait for the decision. A judge reviews the request. The court may grant it, deny it, grant it in part, or ask for more information.
5. Read the order. The order will say what has been waived and whether anything else is required of you.

If the request is denied

If your request is denied, the order or the clerk's office should tell you what happens next. Often the court sets a time for you to pay the fee, and the case may not move forward until you do. Some courts allow you to submit more information or ask the judge to reconsider. Deadlines can be short, so read the order right away. A legal aid office can help you understand your options.

What a fee waiver may not cover

A fee waiver may not cover every cost of a case. Depending on the court and the order, some costs — such as certain copies, transcripts, or fees for outside professionals — may still be your responsibility. Fee waivers are also separate from paying a lawyer. If you hire a lawyer, the lawyer's fee is governed by your agreement with them, not by the court's fee waiver.

Getting help with the request

You do not need a lawyer to ask for a fee waiver, but help is available:

• The court clerk's office can usually tell you which form to use and where to file it. Clerks generally cannot give legal advice, such as whether you should file a case.
• Court self-help centers, where they exist, often assist with fee waiver forms.
• Legal aid programs may help you with the request and with the case itself. The USAGov legal aid page lists programs offering free and low-cost legal help, including the Legal Services Corporation and LawHelp.org.

If you are not sure which court your case belongs in, the USAGov courts page explains the difference between federal, state, county, and municipal courts.

For more background, browse our legal guides. If your case is about debts you cannot pay, you may also want to learn about bankruptcy lawyers.

Frequently asked questions

Does a fee waiver mean the court thinks my case is strong?

No. A fee waiver request is about your ability to pay, not about whether your case is strong. A lawyer or legal aid office can give you a view on the case itself.

Can I ask for a fee waiver if I have a job?

Having a job does not automatically rule you out. Courts look at your overall income, expenses, assets, and dependents. The rules depend on the court.

Do I have to pay the fees later?

It depends on the court and the order. Read the order carefully, and ask the clerk or a legal aid office if you are unsure.

Is the information on my application private?

Fee waiver applications are filed with the court. Whether they are open to the public depends on the court's rules. Ask the clerk's office if this concerns you.

This page is general information, not legal advice. Laws change and every case is different — talk to a licensed attorney about your situation.