You are not denied the right to use the courts simply because you cannot afford the court costs. If you cannot pay these costs, you may still sue and defend yourself in civil actions including divorces. Anyone can apply to the court to proceed "In Forma Pauperis." Although that phrase means "In The Form of a Pauper," you don't have to be completely destitute or without funds to use this procedure.

Ask the clerk at the courthouse for the form called the Petition and Order to Proceed in Forma Pauperis form. The form is one printed page. If the court doubts you are telling the truth about your finances, it can require written testimony, or hold a hearing; however, this is not usually needed. Fill the form out and return it to the clerk. If you cannot afford the required fees, the court will let you go ahead in the lawsuit without paying the court costs. The court may require you to pay part of the fees and waive the remaining fees.

If you and your spouse are together on the same case and you are both trying to have the fees waived, the petition should contain both your names and be signed by both of you.

Fees which can be waived include: filing fees, litigation tax, jury fees, witness fees, and Sheriff's Office fees for serving summons. In some cases you can also have fees waived in the appeals court. If you are not sure, ask the clerk of the court.

What has been said so far applies to civil suits. If you are charged with a crime, the government pays all court costs unless you are convicted. If you cannot pay an attorney, you will be provided with an attorney to represent you at no cost to you, in most criminal cases.

There is no exact definition of how poor you must be to have fees waived in civil suit. Courts have said that you need not be on welfare, but it must be more than just inconvenient for you to pay the fees.

If you don't have the money to pay fees now, but could save it up over a period of time, you may still proceed In Forma Pauperis.

If you have already paid some fees, and then don't have enough money to pay the rest, you can apply for waiver of the later fees. The fact that you had enough money in the past does not affect your right to proceed In Forma Pauperis in the future.

Even though you may begin your civil lawsuit without paying court costs, you may have to pay court costs later. For example, in a divorce or dissolution action, you may file for your divorce without paying court costs, but court costs may have to be paid at some point. Filing fees, litigation tax, and other costs that are usually paid up front will be charged as court costs when the case is over. These costs are usually charged to the losing party if the case is decided by the judge or jury. If the case is settled by agreement, the agreement will state who pays which fees.

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The information available through TBALink LawBytes is basic legal information and is not a substitute for legal advice. LawBytes is provided by the Tennessee Bar Association as a public service and for general information only. It should not be considered legal advice. You should consult your attorney if you have questions concerning any specific situation. If you do not have an attorney, may we suggest that you contact your local bar association's referral service. The topics covered through TBALink LawBytes will provide basic information and should make it easier for someone with a problem to decide whether they need professional help from a lawyer or if another agency could provide them with assistance.