Rule 24 Proceeding in Forma Pauperis

(a) Leave to Proceed in Forma Pauperis.

(1) Motion in the Superior Court. Except as stated in Rule 24(a)(3), a party to a Superior Court action who desires to appeal in forma pauperis must file a motion in the Superior Court. The party must attach an affidavit that:

(A) Demonstrates the party’s inability to pay or to give security for fees and costs;

(B) Claims an entitlement to redress; and

(C) States the issues that the party intends to present on appeal.

(2) Action on the Motion. If the Superior Court grants the motion, the party may proceed on appeal without prepaying or giving security for fees and costs, unless a statute provides otherwise. If the Superior Court denies the motion, it must state its reasons in writing.

(3) Prior Approval. Any party who was permitted to proceed in forma pauperis in the Superior Court action, or who was determined to be financially unable to obtain an adequate defense in a criminal case, may proceed on appeal in forma pauperis without further authorization, unless:

(A) The Superior Court—before or after the notice of appeal is filed—certifies that the appeal is not taken in good faith or finds that the party is not otherwise entitled to proceed in forma pauperis and states in writing its reasons for the certification or finding; or

(B) A statute provides otherwise.

(4) Notice of Superior Court’s Denial. The Superior Court clerk shall immediately notify the parties and this Court when the Superior Court does any of the following:

(A) Denies a motion to proceed on appeal in forma pauperis;

(B) Certifies that the appeal is not taken in good faith; or

(C) Finds that the party is not otherwise entitled to proceed in forma pauperis.

(5) Motion in this Court after Superior Court’s Denial. A party may file a motion to proceed on appeal in forma pauperis in this Court within 10 days after service of the notice prescribed in Rule 24(a)(4). The motion must include a copy of the affidavit filed in the Superior Court and the Superior Court’s statement of the reasons for its action. If no affidavit was filed in the Superior Court, the party must include the affidavit prescribed by Rule 24(a)(1).

(b) [Reserved]

(c) Leave to Use Original Record. A party allowed to proceed on appeal in forma pauperis may request that the appeal be heard on the original record without reproducing any part thereof.