Handbook VI.C: Procedural Consequences of in Forma Pauperis Status

(See D.C. Cir. Rules 24, 31.)

Parties proceeding in forma pauperis who are authorized to file electronically need not provide paper copies of any motions papers; those not authorized to file electronically need file only the original of any motions papers. The Clerk’s Office will make the necessary copies for the Court. Litigants proceeding in forma pauperis who are not represented by counsel are also exempt from filing the usual number of briefs; such unrepresented parties need submit only the electronic version if authorized to file electronically, or the original of the brief if not authorized to file electronically. All other parties must file the standard number of briefs required by the Circuit Rules, but appointed counsel in criminal appeals may be reimbursed for the expense of producing copies of the brief in accordance with the Criminal Justice Act (CJA).

Represented parties proceeding in forma pauperis and amicus curiae appointed by the Court must comply with the standard requirements for an appendix. See Fed. R. App. P. 30; D.C. Cir. Rule 30. If an appellant or petitioner proceeding in forma pauperis is unrepresented, the Court may decide the appeal on the original record without an appendix. Under Circuit Rule 24, if an appendix is not used, the pro se appellant or petitioner must file with the brief 1 copy of those pages of the trial transcript the appellant or petitioner wishes to call to the Court's attention, a list of those pages of the transcript, and any other portions of the record to which the appellant or petitioner wishes to direct the Court's attention. Although the Clerk’s Office will reproduce enough copies of these items to provide them to the panel, parties are encouraged to provide the Court 4 copies of these items so as not to delay processing of the case. The appellee or respondent must furnish with the brief 4 copies of an appendix containing any additional pages of transcript or portions of the record to which the Court's attention is directed.