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Motion and Affidavit for Proceeding In Forma

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Affidavit for Proceeding
In Forma Pauperis (Inmate)

(Minn. Stat. §§ 563.01, 563.02)

State of Minnesota

County

District Court

Judicial District:

Court File Number:

Case Type:

Plaintiff/Petitioner

VS.

Defendant/Respondent

STATE OF MINNESOTA

)

SS

)

COUNTY OF (County where Affidavit signed)

1. I am a party in this action. I am not represented by counsel, I have been convicted of a felony and I am committed to the custody of the Commissioner of Corrections. I am either confined in a state correctional facility or I have been released from a state correctional facility under section Minn. Stat. §§ 244.065 or 244.07.

2. I believe I have valid reasons for pursuing this action. In good faith, I request an order waiving court fees and costs. My pleadings (the Petition, Complaint, Answer, Appeal or other pleading) are attached. NOTE: If you are the person bringing the case, known as the plaintiff, the statute requires you provide the court with a copy of the Complaint before serving the complaint on the opposing party.

3. The following information is required. You must complete each section.

a. I have the following dependents:

b. My net (take home) monthly income is $

c. The source of my monthly income is

d. If available to you, your spouse's net (take home) monthly income is $

e. I pay $ per month in child care support.

f. I pay $ per month for rent/mortgage payment.

g. I own the following property:

1) Cash $

2) Checking, savings and credit union accounts $

3) Cars, other vehicles [list make, year, and equity value (market value minus unpaid loans) for each]

a) $

b) $

4) Real estate

a) $

b) $

5) Other personal property (jewelry, stock, bonds, etc. – list separately)

a) $

b) $

h. I am presently $ in debt.

i. I have the following monthly expenses:

j. Other factors which support this are: (explain unusual medical expenses, emergencies or other circumstances to help the judge understand your situation):

6. I have exhausted the inmate complaint procedure developed by the Commissioner of Corrections before commencing this action against the Department of Corrections.

7. My claim is not substantially similar to a previous claim brought against the same party, arising from the same facts, and which resulted in an adjudication on the merits.

8. My full name is and I have been known by the following other names:

9. I have attached a copy of my most recent monthly statement showing the balance in my inmate account. I authorize the Court to obtain at any time during the pendency of this action a current statement of the balance of my inmate account. NOTE: An inmate who has funds in an inmate account may only proceed as a plaintiff in a civil action by paying either the applicable court filing fee or 50% of the balance in the inmate account, whichever is less. If 50% of balance of the inmate account is used to commence the civil action, the Commissioner of Corrections will continue to draw money out of the inmate account until the filing fee is paid in full.

By signing this Affidavit, I am certifying that these statements are true under penalty of perjury. I understand that if I provide false information on the form it may lead to criminal charges. I understand that failure to execute the form or failure to provide information or requested records may result in denial of my motion to proceed In Forma Pauperis. I am authorizing that the facts contained in this Affidavit may be verified by any means required.

Dated:

Signature

Name:

Address:

City/State/Zip:

Telephone: ()

E-mail address:

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What the Motion and Affidavit for Proceeding In Forma Does

A Motion and Affidavit for Proceeding In Forma is a court filing that asks a judge to waive filing fees and other costs because the filer lacks sufficient funds. The motion explains the legal basis for fee relief and the affidavit supplies sworn facts about income, assets, expenses, and household composition. Courts use the combined materials to determine eligibility for in forma pauperis status or other fee waivers, and some jurisdictions permit unsworn declarations under penalty of perjury instead of notarized affidavits.

Why this document matters to litigants and counsel

The motion and affidavit enable eligible parties to begin or continue litigation without upfront court costs, preserving access to judicial process for low-income individuals and cases involving civil rights, public benefits, or essential relief.

Why this document matters to litigants and counsel

Who typically completes this form

Court clerks and judges rely on clear, well-documented affidavits to apply local rules and issue timely fee-waiver decisions.

  • Pro se litigants seeking to start or sustain a civil case without paying filing fees.
  • Legal aid and nonprofit counsel preparing standardized financial affidavits for multiple clients.
  • Attorneys filing fee-waiver motions in appeals, habeas petitions, or civil rights suits.

Step-by-step: preparing and filing the motion and affidavit

Follow these steps to assemble a complete filing and reduce avoidable delays.

  • 01
    Gather documents: Collect pay stubs, benefit letters, and bank statements.
  • 02
    Complete affidavit: Enter accurate financial details and household information.
  • 03
    Sign and verify: Sign before a notary or include a 28 U.S.C. §1746 declaration where accepted.
  • 04
    File with court: Submit motion and affidavit per local electronic or paper rules.

Where the motion goes and how courts process it

Understand routing options and typical court actions so you file correctly and anticipate next steps.

  • Clerk's office: Accepts filing and assigns case number if initiating a case.
  • Judge review: Judge or magistrate examines the motion and affidavit.
  • Order issued: Court grants, denies, or requests more information.
  • Appeals or follow-up: If denied, consider timely motions or appellate review per local rules.

Configuring an online workflow for the motion and affidavit

Set up a reproducible digital workflow to collect verified data, attachments, and signatures for multiple filings.

Field Configuration
Full Name Field Required; single-line text
Financial Schedule Repeating section for income and expenses
Supporting Uploads PDF or image uploads, required for certain thresholds
Signature Field Signer, date, and optional notary block

Digital filing and eSignature considerations

Retain native audit logs and a signed copy; ensure the chosen provider supports required authentication and any notarization method the court requires.

  • File formats: PDF and DOCX accepted
  • Authentication: Email, SMS, or stronger
  • Integrations: Court e-filing systems

Timing and filing windows to watch

There is no single universal deadline for fee-waiver motions; timing depends on whether you file at case initiation, before a hearing, or in response to a court order.

Initial filing:

File the motion with the complaint or as directed by the court.

Court response time:

Decision periods vary; some courts rule within weeks.

Hearing deadlines:

File before scheduled hearings to ensure consideration.

Renewals:

Renew if financial circumstances change materially.

Appeal timing:

Follow appellate timing rules after a denial.

Key milestones from preparation to court decision

Track these sequential milestones to monitor progress and prepare necessary follow-up actions.

01

Prepare affidavit

Assemble financial records and complete the affidavit truthfully.

02

Sign and verify

Notarize or use a permissible declaration method.

03

File with court clerk

Submit via e-file or paper, per local rules.

04

Await court order

Court grants fee relief, denies, or requests more information.

Common mistakes to avoid when preparing the filing

  • Providing incomplete income information or omitting household members can cause denial or delay and may trigger additional inquiry.
  • Failing to attach supporting proof such as pay stubs or benefit letters often leads courts to request supplemental evidence.
  • Using inconsistent names or dates between the affidavit and other court papers can complicate identity verification and processing.
  • Signing without appropriate notarization or an accepted declaration can render the affidavit noncompliant with local rules.

Legal risks and consequences of incorrect statements

Perjury exposure: Criminal or civil penalties for false sworn statements
Dismissal risk: Court may dismiss case for material misstatements
Sanctions: Possible fee assessment or attorney sanctions
Loss of credibility: Weakened standing in related proceedings
Notary errors: Improper notarization can void verification
Attachment defects: Missing proof may prompt rejection

Essential information fields the affidavit typically requires

Full Name: Legal name as on ID
Date of Birth: MM/DD/YYYY format
Income: Monthly totals listed
Assets: Bank balances and property
Household: Number of dependents
Signature: Signer date and notarization

Core components to include in a professional motion and affidavit

A complete packet combines legal argument, sworn facts, and supporting exhibits to give the court a clear basis for granting fee relief.

Caption

Court name, parties, and case number so the motion is filed in the correct matter and the clerk can docket it properly.

Motion text

A concise legal statement of the relief requested, statutory or rule basis for fee waiver, and any prior filings relevant to the request.

Affidavit

A sworn statement of financial condition, listing income, assets, liabilities, monthly expenses, and household composition in clear, itemized form.

Supporting exhibits

Pay stubs, benefit notices, bank statements, or employer letters that corroborate the facts asserted in the affidavit.

Verification

Notary acknowledgment or an acceptable unsworn declaration under penalty of perjury where the court permits such verification.

Certificate of service

A signed statement showing how and when opposing parties were served with the motion and affidavit.

Comparison: eSignature vendor pricing and core features

Select an eSignature provider that meets court and security requirements; the table compares starting prices and feature highlights for common vendors, with signNow listed first.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial, no credit card required Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions and common troubleshooting

Answers to frequent procedural questions about motions and affidavits to proceed without prepayment of fees.


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