Ind. Appellate Rule 40

Effective January 1, 2017

A. Appeal From a Trial Court.

(1) Prior Authorization by the Trial Court.

A party who has been permitted to proceed in the trial court in forma pauperis may proceed

on appeal in forma pauperis without further authorization from the trial court or Court on

Appeal. See Rule 9(E).

(2) Motion to the Trial Court.

Any other party in a trial court who desires to proceed on appeal in forma pauperis shall file in

the trial court a motion for leave to so proceed, together with an affidavit conforming to

Forms #App.R. 40-1, and #App.R. 40-2, showing in detail the party's inability to pay fees or

costs or to give security therefor, the party's belief that the party is entitled to redress, and a

statement of the issues the party intends to present on appeal. If the trial court grants the

motion, the party may proceed without further motion to the Court on Appeal. If the trial

court denies the motion, the trial court shall state in a written order the reasons for the

denial.

(3) Revocation of Authorization by the Trial Court.

Before or after the Notice of Appeal is filed, the trial court may certify or find that a party is

no longer entitled to proceed in forma pauperis. The trial court shall state in a written order

the reasons for such certification or finding.

(4) Motion to the Court on Appeal.

If the trial court denies a party authorization to proceed in forma pauperis the party may file a

motion in the Court on Appeal for leave to so proceed within fifteen (15) days of service of

the trial court's order. See Form #App.R. 40-1. The motion shall be accompanied by a copy of

any affidavit supporting the party's request filed in the trial court. If no affidavit was filed in

the trial court or if the affidavit filed in the trial court is no longer accurate, the motion shall

be accompanied by an affidavit conforming to Form #App.R. 40-2. The motion shall be accompanied by a copy of the order setting forth the trial court's reasons for denying the party in

forma pauperis status on appeal.

B. Appeal From an Administrative Agency.

Any party to a proceeding before an Administrative Agency who desires to proceed in forma

pauperis on appeal shall file with the Court on Appeal a motion for leave to so proceed,

together with an affidavit conforming to Forms #App.R. 40-1 and #App.R.40-2, showing in

detail the party's inability to pay fees or costs or to give security therefor, the party's belief

that the party is entitled to redress, and a statement of the issues the party intends to

present on appeal.

C. Filings Required in the Court on Appeal.

With the first document a party proceeding or desiring to proceed in forma pauperis files in

the Court on Appeal, the party shall file with the Clerk:

(1) the trial court's authorization to proceed in forma pauperis on appeal;

(2) an affidavit stating that the party was permitted to proceed in forma pauperis in the

trial court and that the trial court has made no certification or finding under Rule 40(A)(3);

or

(3) a motion to the Court on Appeal to proceed in forma pauperis.

If the trial court subsequently enters an order containing a certification or finding under Rule

40 (A)(3), the party shall promptly file the trial court's order with the Clerk.

D. Effect of In Forma Pauperis Status.

A party proceeding informa pauperis:

(1) is relieved of the obligation to prepay filing fees or costs in either the trial court or the

Court on Appeal or to give security therefor; and

(2) may file legibly handwritten or typewritten briefs and other papers.