§ RULE 112. PROCEEDINGS IN FORMA PAUPERIS

Codes > Delaware Superior Court Rules of Civil Procedure > XIII. Miscellaneous > RULE 112.

RULE 112. PROCEEDINGS IN FORMA PAUPERIS

(a) Where a party seeks to commence, prosecute or defend any civil action or civil appeal without prepayment of fees and costs, the party shall apply to the Court to proceed in forma pauperis. The application shall be accompanied by an affidavit in such form as the Court requires stating sufficient facts as to enable the Court to act upon the application. The Court may, in its discretion, hold a hearing on the question of indigency. The Court may enter an order waiving all fees and costs or order fees and costs to be paid in accordance with a payment schedule. In any action in which a claim for damages is asserted by a party seeking the benefit of this rule, the Prothonotary shall, before entering a dismissal of the claim or satisfaction of any judgment entered therein, require payment of accrued court costs from any party for whose benefit this rule has been applied, if the party has recovered a judgment in the proceedings or received any funds in settlement thereof. A party and the party's attorney of record shall file appropriate affidavits in the event a claim is sought to be dismissed without settlement or recovery.

(b) In the event that the Court denies the application of a party to proceed in forma pauperis, the Court will send notice of the denial of the application to the applicant. The notice shall state the amount of the filing fee required and shall state a date certain, which is not less than fifteen (15) days from the date of the notice, by which the fee must be paid in order to avoid dismissal of the action.