(a) Where a party seeks to commence, prosecute or defend any civil action or civil appeal without prepayment of fees and costs, the party shall 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 as 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 fees and costs or order fees and costs to be paid in accordance with a payment schedule. In any action in which a claim for damages is asserted by a party seeking the benefit of this rule, the Prothonotary shall, before entering a dismissal of the claim or satisfaction of any judgment entered therein, require payment of accrued court costs from any party for whose benefit this rule has been applied, if the party has recovered a judgment in the proceedings or received any funds in settlement thereof. A party and the party’s attorney of record shall file appropriate affidavits in the event a claim is sought to be dismissed without settlement or recovery.
Rule 112.Proceedings in forma pauperis
Part XIII: Miscellaneous Provisions · Last amended October 2, 1997 · Last verified July 28, 2026
In one sentenceRule 112 lets a party apply to proceed in a civil action or appeal without prepaying fees and costs, gives the Court discretion to hold a hearing, waive costs, or set a payment schedule, and requires 15 days' notice before dismissal if the application is denied.
Full Text of Rule 112
(b) In the event that the Court denies the application of a party to proceed in forma pauperis, the Court 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 in order to avoid dismissal of the action.
Amendment History
Added, effective Mar. 1, 1976; amended, effective Feb. 1, 1979; Jan. 1, 1991; Aug. 1, 1996; Oct. 2, 1997.
Plain-English Summary
A party who wants to commence, prosecute, or defend a civil action or appeal without prepaying fees and costs applies to the Court to proceed in forma pauperis, backing that application with an affidavit, in whatever form the Court requires, stating facts enough for the Court to rule on it. The Court may, in its discretion, hold a hearing on the question of indigency, and it may enter an order waiving all fees and costs outright or ordering them paid on a schedule.
If the party's case includes a damages claim, the Prothonotary won't dismiss the claim or enter satisfaction of a judgment on it without first requiring payment of the accrued court costs, out of any judgment recovered or settlement funds received, from whoever benefited from the fee waiver. If the claim is instead dismissed without any settlement or recovery, the party and the party's attorney of record must file appropriate affidavits.
If the Court denies the in forma pauperis application, it sends notice of the denial stating the filing fee required and a date, no less than 15 days out, by which that fee must be paid to avoid dismissal of the action.
Frequently Asked Questions
How do I ask to proceed in a Delaware civil case without paying court fees?
File an application to proceed in forma pauperis, accompanied by an affidavit, in the form the Court requires, stating facts sufficient for the Court to rule on it.
Will there be a hearing on whether I qualify?
The Court may, in its discretion, hold a hearing on the question of indigency.
What happens to court costs if I later recover money in a case where I proceeded in forma pauperis?
Before the claim is dismissed or a judgment satisfied, the Prothonotary requires payment of the accrued court costs out of any judgment recovered or settlement funds received.
What if my in forma pauperis application is denied?
The Court sends notice of the denial stating the filing fee required and a date, at least 15 days out, by which it must be paid to avoid dismissal.
What if my case is dismissed without any settlement or recovery after I proceeded in forma pauperis?
Rule 112(a) requires the party and the attorney of record to file appropriate affidavits in that situation.
Source & verification. Rule text is reproduced verbatim from the
Delaware Rules of Civil Procedure for the Superior Court, adopted by the
Superior Court of the State of Delaware. Last verified July 28, 2026.
· Official source
Also known as: delaware in forma pauperis rulede superior court waive court feesproceeding without paying costs delawarerule 112 delaware civil procedureindigency affidavit delaware court fees