Rule 24 — Proceeding in Forma Pauperis

Fed. R. App. P. 24

• Source: Federal Rules of Appellate Procedure
• Rule: 24
• TITLE VI: HABEAS CORPUS; PROCEEDINGS IN FORMA
• Citation: Fed. R. App. P. 24

Text

(a) Leave to Proceed in Forma Pauperis.
(1) Motion in the District Court. Except as stated in Rule
24(a)(3), a party to a district-court action who desires to ap-
peal in forma pauperis must file a motion in the district court.
The party must attach an affidavit that:
(A) shows in the detail prescribed by Form 4 of the Ap-
pendix of Forms the party’s inability to pay or to give se-
curity for fees and costs;
(B) claims an entitlement to redress; and
(C) states the issues that the party intends to present on
appeal.
(2) Action on the Motion. If the district court grants the mo-
tion, the party may proceed on appeal without prepaying or
giving security for fees and costs, unless a statute provides
otherwise. If the district court denies the motion, it must
state its reasons in writing.

(3) Prior Approval. A party who was permitted to proceed in
forma pauperis in the district-court action, or who was deter-
mined to be financially unable to obtain an adequate defense
in a criminal case, may proceed on appeal in forma pauperis
without further authorization, unless:
(A) the district court—before or after the notice of ap-
peal is filed—certifies that the appeal is not taken in good
faith or finds that the party is not otherwise entitled to
proceed in forma pauperis and states in writing its reasons
for the certification or finding; or
(B) a statute provides otherwise.
(4) Notice of District Court’s Denial. The district clerk must
immediately notify the parties and the court of appeals when
the district court does any of the following:
(A) denies a motion to proceed on appeal in forma pau-
peris;
(B) certifies that the appeal is not taken in good faith;
or
(C) finds that the party is not otherwise entitled to pro-
ceed in forma pauperis.
(5) Motion in the Court of Appeals. A party may file a motion
to proceed on appeal in forma pauperis in the court of appeals
within 30 days after service of the notice prescribed in Rule
24(a)(4). The motion must include a copy of the affidavit filed
in the district court and the district court’s statement of rea-
sons for its action. If no affidavit was filed in the district
court, the party must include the affidavit prescribed by Rule
24(a)(1).
(b) Leave to Proceed in Forma Pauperis on Appeal from the
United States Tax Court or on Appeal or Review of an Administra-
tive-Agency Proceeding. A party may file in the court of appeals
a motion for leave to proceed on appeal in forma pauperis with an
affidavit prescribed by Rule 24(a)(1):
(1) in an appeal from the United States Tax Court; and
(2) when an appeal or review of a proceeding before an ad-
ministrative agency, board, commission, or officer proceeds
directly in the court of appeals.
(c) Leave to Use Original Record. A party allowed to proceed on
appeal in forma pauperis may request that the appeal be heard on
the original record without reproducing any part.

Advisory Committee Notes

(As amended Apr. 1, 1979, eff. Aug. 1, 1979; Mar. 10, 1986, eff. July 1, 1986; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 16, 2013, eff. Dec. 1, 2013.)