Delaware Code (Titles 8, 9, 25, 30)
25 Del. C. § 5718
Proceedings in forma pauperis
Upon application of a party claiming to be indigent, the Court may authorize the commencement, prosecution or defense of any civil action or civil appeal without prepayment of fees and costs or security therefor by a person who makes an affidavit that such person is unable to pay the costs or give security therefore. Such affidavit shall state the nature of the action or defense and the affiant’s belief that the affiant is entitled to redress, and shall state sufficient facts from which the Court may make an objective determination of the petitioner’s alleged indigence.
The Court may, in its discretion, conduct a hearing on the question of indigence. 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 said party has recovered a judgment in said proceedings or received any funds in settlement thereof. A party and such party’s attorney of record shall file appropriate affidavits in the event a claim is sought to be dismissed without settlement or recovery.
Amendment history
70 Del. Laws, c. 513, § 4
Source: view the official text
In this title (40 sections)
- 25-5701A · Establishing territorial jurisdiction
- 25-5701B · Civil jurisdiction; bifurcated claims
- 25-5702 · Grounds for summary proceeding
- 25-5702A · Residential eviction diversion program
- 25-5703 · Who may maintain proceeding
- 25-5704 · Commencement of action and notice of complaint
- 25-5704A · Additional documentation relating to lead-based paint…
- 25-5705 · Service and filing of notice
- 25-5706 · Manner of service
- 25-5707 · Contents of complaint generally
- 25-5708 · Additional contents of certain complaints
- 25-5709 · Answer
- 25-5710 · Trial
- 25-5711 · Judgment
- 25-5712 · Default judgment
- 25-5713 · Jury trials
- 25-5714 · Compelling attendance of jurors
- 25-5715 · Execution of judgment; writ of possession
- 25-5716 · Stay of proceedings by tenant; good faith dispute
- 25-5717 · Stay of proceedings on appeal
- 25-5718 · Proceedings in forma pauperis
- 25-5719 · Landlord regaining possession of residential rental unit upon…
- 25-5720 · Shielding of records
- 25-5901 · Petition for receivership; grounds, notice and jurisdiction
- 25-5902 · Necessary parties defendant
- 25-5903 · Defenses
- 25-5904 · Stay of judgment by defendant
- 25-5905 · Receivership procedures
- 25-5906 · Powers and duties of the receiver
- 25-5907 · Discharge of the receiver
- 25-6101 · Metering and charges for utility services
- 25-6102 · Definitions
- 25-6103 · Preference of rent in cases of execution
- 25-6104 · Confession of judgment
- 25-6105 · Taxes paid by tenant; setoff against rent; recovery from owner
- 25-6301 · Action at law; jurisdiction; case in which distress lies
- 25-6302 · Form of claim; contents; costs
- 25-6303 · Order of distress; service of claim and order; levy;…
- 25-6304 · Levied goods in custody of Court; removal and sale;…
- 25-6305 · Protective measures upon a showing that a tenant may abscond