Proceedings in forma pauperis

Checkout our iOS App for a better way to browser and research.

  • (a) Any court in the Virgin Islands may authorize the commencement, prosecution, or defense of any action or proceeding, civil or criminal, or appeal therein, without prepayment of fees and costs, or security therefor, by a citizen of the United States who makes affidavit that he is unable to pay the fees and costs or to give security therefor. The affidavit shall state the nature of the action, defense, or appeal and affiant's belief that he is entitled to redress.

  • An appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith.
  • (b) In any proceeding in forma pauperis in the Superior Court, the fees of the reporter for transcripts shall be paid by the government of the Virgin Islands under the same circumstances as the fees of the reporter of the district court are paid by the United States in like proceedings under section 753 of Title 28 of the United States Code.

  • (c) The officers of the court shall issue and serve all process, and perform all duties, in proceedings under subsection (a) of this section. Witnesses shall attend as in other cases, and the same remedies shall be available as are provided for by law in other cases.

  • (d) The court may appoint an attorney to represent any person unable to employ counsel. The court may dismiss the action if the allegation of poverty is untrue, or if satisfied that the action is frivolous or malicious.

  • (e) Judgment may be rendered for costs at the conclusion of the action, as in other cases, but the United States or the government of the Virgin Islands shall not be liable for any of the costs thus incurred. If the United States or the government of the Virgin Islands has paid the cost of a stenographic transcript for the prevailing party, the same shall be taxed in favor of the United States or the government of the Virgin Islands.


Download our app to see the most-to-date content.