A prisoner seeking in forma pauperis status shall provide the court with a certified copy of his inmate trust account for the preceding twelve months. Any prisoner granted leave to proceed in forma pauperis shall nonetheless make payments, in equal installments as the court directs, towards satisfaction of the filing fee and costs. If the court determines the prisoner has had no deposits in his inmate trust account for the preceding six months, the court shall permit the prisoner to proceed without paying the filing fee and costs. However, the filing fee and costs shall be taxed as costs at the end of the case. Any prisoner failing to make any payment when due shall have his case dismissed without prejudice.
§ 8.01-691.Payment of filing fees and costs by prisoners; when in forma pauperis status granted.
Chapter 27. Virginia Prisoner Litigation Reform Act · Last amended 2002 · Last verified July 16, 2026
In one sentenceA prisoner seeking in forma pauperis status must submit a certified twelve-month trust-account statement, and even if granted that status may still owe installment payments toward the filing fee and costs, with full up-front waiver reserved for accounts with no deposits in the prior six months, and missed payments cause dismissal without prejudice.
Full Text of § 8.01-691
Plain-English Summary
A prisoner who cannot afford a filing fee has to prove it. This section requires a certified copy of his inmate trust account covering the preceding twelve months, giving the court an actual financial record rather than a bare claim of poverty.
Getting in forma pauperis status in a prisoner case is not the same as getting a free pass. Even after the court grants it, the section lets the court order the prisoner to pay the filing fee and costs in installments, on whatever schedule the court sets. Full relief from paying anything up front is reserved for a narrower situation: an inmate trust account that has had no deposits at all for the preceding six months. Even then, the fee and costs are not forgiven — they are taxed as costs at the end of the case, so they can still come due later.
The section also has teeth. A prisoner who is granted in forma pauperis status but fails to make an installment payment when it is due does not just fall behind — the case is dismissed without prejudice. That protects the prisoner’s ability to refile, but it still means losing the case’s progress and running the risk that a limitations period will bar a fresh filing.
Frequently Asked Questions
What must a prisoner submit to request in forma pauperis status?
A certified copy of his inmate trust account covering the preceding twelve months.
Does in forma pauperis status mean a prisoner pays nothing toward the case?
Not necessarily. Even when the court grants that status, it can still order installment payments toward the filing fee and costs, unless the trust account shows no deposits for the preceding six months.
When can a prisoner avoid paying the filing fee and costs up front entirely?
Only when the court determines the inmate trust account has had no deposits for the preceding six months.
If the fee is waived up front, is it gone for good?
No. The section directs that the filing fee and costs still be taxed as costs at the end of the case.
What happens if a prisoner misses an installment payment when it is due?
The section requires that his case be dismissed without prejudice.
Amendment History
2002, c. 871.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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