What costs are included if in forma pauperis status is granted?
Filing fees, personal service attempts, service by publication related costs, and transcripts and legal files requested to pursue appeals on behalf of indigent clients are now specifically enumerated as falling within the meaning of 514.040, RSMo. Once the client has been determined to be indigent, the statute allows for the person to have “all necessary process and proceedings as in other cases, without fees, tax or charge as the court determines the person cannot pay.” Since the inception of the statute, the courts have struggled to define “necessary process and proceedings.” The legislature did not enumerate specific items or give guidance as to what would fall within the scope of that term. However, Missouri law does require that “words and phrases [of statutes] be taken in their plain or ordinary and usual sense.” Therefore, the courts have found that filing fees should be waived for those determined to be indigent. Filing the motion to proceed in forma pauperis may seem more trou
