Rule 112. Proceedings in forma pauperis

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 any affidavit(s) required by the Court.

(a) Financial eligibility. -- Any applicant who fits within the Court's financial eligibility guidelines should be deemed financially eligible to have all costs and fees waived. If an applicant has income above these guidelines, based upon the information in the affidavit, the Court may: 1) waive all fees and costs, 2) direct partial payment of fees and costs, or 3) deny the application. If fees are not fully waived, a schedule for the payment of any costs and fees may be established. The Court may, in its discretion, hold a hearing to determine financial eligibility.

(b) Eligibility of complaint. -- The Court shall dismiss any in forma pauperis action which it finds is factually frivolous, malicious, or so legally frivolous that even a pro se litigant, acting with due diligence, should have found well-settled law disposing of the issues(s) raised. If a complaint is dismissed or a judgment otherwise entered against a litigant proceeding in forma pauperis, the jurisdiction of the Court over the litigant shall continue until all costs and fees ordered have been paid. In addition, if the Court finds that the litigant has filed a frivolous or malicious action, the Court may enjoin that litigant from filing future claims without leave of court.

(c) Prisoners. -- All in forma pauperis applications made by prisoners must include a certified summary of the prisoner's account. If the Court determines that a prisoner may proceed in forma pauperis, the Court will issue an order: 1) setting forth the total amount to be paid and 2) establishing a schedule for payment. If the Court finds that a prisoner has filed an action which is factually frivolous, malicious, or so legally frivolous that even a pro se litigant, acting with due diligence should have found well-settled law disposing of the issues(s) raised, the Court may, in addition to dismissing the complaint, order the Department of Corrections, or other appropriate agency, to forfeit the portion of the litigant's behavior good time credits accumulated from the date the action was received by the court up to and including every month until the action was disposed of by the court.

(d) Notification of applicant. -- The Court shall notify the applicant whether or not the in forma pauperis applicant has been approved and whether any partial payment or payment schedule, has been ordered. The date for any full or partial payment shall be indicated and shall be at least 15 calendar days from the date of the order. If the amount is not paid by that date, the action will be dismissed.