Rule 240 - In Forma Pauperis(a) A party seeking leave to proceed in forma pauperis shall apply to the Court for such status. The application shall include as an attachment the affidavit of the party demonstrating an inability to pay the costs of litigation. Note: The affidavit form is set forth in Pa.R.C.P. 240; application forms are available in the County Law Library. Presentation of the application to the Court must comply with the requirements of Local Rule 208.3(a).
(b) Legal counsel employed by or affiliated with Southwestern Pennsylvania Legal Services are authorized to file a praecipe for in forma pauperis status on behalf of their client.(c) The Prothonotary shall accept for filing by a party a praecipe as provided by Pa.R.C.P. 240(d), or an application under this rule, without charge to the party. (1) Except as provided in Wash.L.R.C.P. 1915.37, upon withdraw of an attorney who has filed a praecipe on behalf of a client pursuant to Pa.R.C.P. 240(d), the party must file a petition to for leave to proceed in forma pauperis to continue to have the costs of litigation waived as set forth in Pa.R.C.P. 240(f).(d) If there is an improvement in the financial circumstances of a party which will enable the party to pay costs, the party must immediately file a praecipe to decertify in forma pauperis status.(1) The Prothonotary shall not be permitted to retroactively charge previously waived costs to a party because of a change in economic status or if a party is no longer receiving free legal service from an attorney.(e) If the action or proceeding is commenced or appeal is taken with the simultaneous filing of the petition, the petitioner shall present the request to proceed in forma pauperis to the general civil motions judge, or in a custody, divorce, or support action, to the judge assigned to hear those actions.(1)Unavailability of Judge. In the event that the appropriate judge is not available to hear an in forma pauperis request, the petitioner shall file the petition with the Prothonotary in accordance with Pa.R.C.P. 240(c). Upon the filing of an unsigned petition for leave to proceed in forma pauperis with the Prothonotary, the Prothonotary shall provide a copy of the petition to the assigned judge for the case for action on the petition pursuant to Pa.R.C.P. 240(c)(3).Amended effective 1/1/2022