Rule 112.Proceedings in forma pauperis

Ch. XIII: Miscellaneous Provisions · Last amended 2021 · Current through June 1, 2026 · Last verified September 9, 2026

In one sentenceRule 112 lets an indigent person start, prosecute or defend a civil action or appeal without prepaying fees, on an affidavit setting out facts the court can objectively assess.

Full Text of Rule 112

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Upon application of the party claiming to be indigent, the Court may authorize the commencement, prosecution or defense of any civil action or civil appeal without prepayment of fees or deposit for costs or security therefor, by a person who makes affidavit of inability to pay such costs or give security therefor. Such affidavit shall state the nature of the action or defense and affiant's belief that the affiant is entitled to redress, and shall state sufficient facts from which the Court can make an objective determination of the petitioner's alleged indigency. The Court may in its discretion conduct a hearing on the question of indigency.

End

Amendment History

Delaware prints each rule’s amendment history as a single “Credits” line naming every order that adopted or amended it. It is reproduced verbatim below.

[Amended effective December 1, 2021.]

Plain-English Summary

On the application of a party claiming to be indigent, the court may authorise the commencement, prosecution or defence of any civil action or civil appeal without prepayment of fees, or a deposit for costs, or security — by a person who makes an affidavit of inability to pay them.

Every direction. Commencement, prosecution and defence, and appeals as well as first-instance actions. A person can be too poor to be sued as easily as too poor to sue, and this rule reaches both. It is also the answer to Rule 73.1's appeal deposit.

What the affidavit says. The nature of the action or defence; the affiant's belief that they are entitled to redress; and sufficient facts from which the court can make an objective determination of the claimed indigency. The word objective is carrying weight — a declaration of poverty is not enough, and figures are expected. The court may in its discretion hold a hearing on the question.

Note what is not required: no showing that the case is strong, only the affiant's belief in an entitlement to redress. Access to the court does not depend on the court liking the claim.

Frequently Asked Questions

Can I file in the Delaware Family Court if I cannot afford the fees?

On the application of a party claiming to be indigent, the court may authorise the commencement, prosecution or defence of any civil action or civil appeal without prepayment of fees or deposit for costs or security, on an affidavit of inability to pay.

What must the affidavit contain?

The nature of the action or defence, the affiant's belief that they are entitled to redress, and sufficient facts from which the court can make an objective determination of the alleged indigency.

Will there be a hearing on whether I am indigent?

The court may in its discretion conduct a hearing on the question of indigency.

Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 112), and every rule has been checked word for word against the Delaware Family Court’s own published edition of these rules. Current through June 1, 2026. The plain-English summary is original and written by us. Last verified September 9, 2026. · Official source

Also known as: in forma pauperis Delaware Family Courtwaive court fees Delawareindigent filing DelawareFam. Ct. Civ. R. 112