Del. R. Ch. Ct. 83

As amended through November 14, 2024
Rule 83 - Proceedings in Forma Pauperis
(a) If a party seeks to commence, prosecute or defend any action or petition and is unable to prepay fees and costs, the party may 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 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 or a portion of the fees or costs, or the Court may order fees and costs to be paid in accordance with a payment schedule. If, as a result of the relief requested in the action or petition, a party proceeding in forma pauperis recovers funds through a judgment, settlement, or other form of award, the funds shall be paid to Register in Chancery so that accrued fees and costs can be deducted and the balance disbursed to the party. If a party proceeding in forma pauperis seeks to dismiss a claim without obtaining any recovery, the party or their attorney of record shall file an affidavit stating that no recovery in any form has been obtained.
(b) If the Court denies the application of a party to proceed in forma pauperis, the Register in Chancery 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. If the fee is not paid by that date, then the action will be closed or the filing will be rejected. In addition, the Court may order such other action or penalty as it deems appropriate.

Del. R. Ch. Ct. 83