If the plaintiff is a poor person, the court may permit the plaintiff to commence and prosecute the civil action without making a cost deposit or furnishing security for costs.
Rule 77.03.Plaintiff may Sue as a Poor Person--When.
Part I · Rule 77: Costs · Last amended January 1, 1981 · Last verified July 22, 2026
In one sentenceRule 77.03 allows a poor person to start and pursue a civil action without paying a cost deposit or posting security for costs, so that the inability to pay up front does not block access to court.
Full Text of Rule 77.03
Amendment History
Adopted June 5, 1980, eff. Jan. 1, 1981.
Official Comment
This is substantially the same as that portion of prior Rule 77.04 preceding the first semi-colon. The remainder of prior Rule 77.04 was deleted because it does not pertain to costs.
Plain-English Summary
Rule 77.03 answers a practical problem created by Rules 77.01 and 77.02: what happens when a person cannot afford to pay costs as the case goes along, let alone put up security against costs that have not yet been incurred? The rule gives the court authority to let that person proceed anyway.
The mechanism is simple in structure — the court permits the plaintiff to commence and prosecute the civil action without making a cost deposit or furnishing security for costs. The rule frames this as something the court "may" permit, so it is a matter of judicial discretion applied to the person's circumstances instead of an automatic entitlement that arises the moment someone claims to be poor.
The official comment notes that this rule preserves the cost-related portion of an older rule and drops language that did not belong in a chapter about costs. That history signals the narrow purpose of Rule 77.03: it removes the cost-deposit and security-for-costs barriers, and it does not itself decide any other question about whether or how the case may proceed.
Frequently Asked Questions
What does Rule 77.03 excuse a poor person from doing?
It excuses the plaintiff from making a cost deposit or furnishing security for costs so the case can start and move forward.
Is permission to sue as a poor person automatic?
No. The rule says the court 'may' permit it, which leaves the decision to the court based on the circumstances presented.
Does this rule apply only to plaintiffs?
The rule's text is framed around the plaintiff commencing and prosecuting the action, so it addresses the plaintiff's cost obligations at the outset of the case.
Does qualifying under Rule 77.03 mean no costs will ever be assessed?
No. It removes the up-front deposit and security requirements; it does not by itself exempt a party from a later cost award decided under Rule 77.01.
How does this rule interact with Rule 77.02?
It functions as a limit on Rule 77.02 — a court weighing whether to require security for costs must account for a party's qualification as a poor person under this rule.
Does the rule define what makes someone a 'poor person'?
No. The rule text does not supply a definition or a financial threshold; it leaves that determination to the court reviewing the circumstances of the case before it.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as: sue as poor personin forma pauperis Missouriwaiver of cost depositcannot afford court costsproceed without security for costsMissouri Rule 77.03