Any county or state court, except the Nebraska Workers' Compensation Court, may authorize the commencement, prosecution, defense, or appeal therein, of a civil or criminal case in forma pauperis. An application to proceed in forma pauperis shall include an affidavit stating that the affiant is unable to pay the fees and costs or give security required to proceed with the case, the nature of the action, defense, or appeal, and the affiant's belief that he or she is entitled to redress.
§ 25-2301.01.Application; contents.
Article 23: Costs in In Forma Pauperis Proceedings · Last amended 1999 · Last verified July 22, 2026
In one sentenceLets Nebraska’s county and state courts, other than the Workers’ Compensation Court, authorize a case to proceed in forma pauperis on an application supported by an affidavit describing the applicant’s inability to pay, the nature of the case, and the belief that relief is warranted.
Full Text of § 25-2301.01
Source
Laws 1999, LB 689, § 3.
Plain-English Summary
Section 25-2301.01 opens the courthouse door to litigants who cannot afford filing fees, costs, or security. Any county or state court, except the Nebraska Workers’ Compensation Court, may authorize a civil or criminal case to be commenced, prosecuted, defended, or appealed in forma pauperis.
To get there, the applicant files an application backed by an affidavit. That affidavit has to say the affiant is unable to pay the required fees, costs, or security; describe the nature of the action, defense, or appeal; and state the affiant’s belief that he or she is entitled to redress. Together, those three pieces give the court what it needs to evaluate the request before the objection process in Section 25-2301.02 comes into play.
Frequently Asked Questions
Which Nebraska courts can grant in forma pauperis status?
Any county or state court except the Nebraska Workers’ Compensation Court.
What must an in forma pauperis affidavit state?
Inability to pay the required fees, costs, or security; the nature of the action, defense, or appeal; and the affiant’s belief in entitlement to redress.
Does this section apply to criminal cases as well as civil ones?
Yes, it covers the commencement, prosecution, defense, or appeal of a civil or criminal case.
Can I use this to file an appeal without paying costs?
Yes, the application can cover commencing, prosecuting, defending, or appealing a case.
What happens after I file the application?
It is reviewed under Section 25-2301.02, which grants the application unless someone objects on specified grounds.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
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