How do I prove that I am entitled to in forma pauperis relief?
To proceed in forma pauperis, a party must establish that (a) he or she is indigent and (b) the appeal is not frivolous. To prove that a person is indigent, the district court will require proof that the person is receiving public assistance, is represented by legal aid or a volunteer attorney program based on low income, or does not have annual income in excess of 125% of the federal poverty guidelines (Minn. Stat. ยง 563.01, subd. 3). The federal poverty guidelines are based on total annual income and household size (number of people living together). The court administrator’s office at the district level may have a chart showing the maximum income for a family of a specified size, or they may refer callers to the local public defender’s office. The district court will usually require that the person seeking to proceed in forma pauperis fill out a “supplemental affidavit,” and you should ask for that form in the county where your case was heard.
