(1) Motion in the District Court.
Except as stated in Rule 24(a)(3), a party to a
district-court action who desires to appeal in forma
pauperis must file a motion in the district court. The party
must attach an affidavit that:
(A) shows in the detail prescribed by Form 4 of the
Appendix of Forms the party’s inability to pay or to give
security for fees and costs;
(B) claims an entitlement to redress; and
(C) states the issues that the party intends to present on
appeal.
(2) Action on the Motion.
If the district court grants the motion, the party may
proceed on appeal without prepaying or giving security for
fees and costs, unless a statute provides otherwise. If the
district court denies the motion, it must state its reasons
in writing.
(3) Prior Approval.
A party who was permitted to proceed in forma pauperis in
the district-court action, or who was determined to be
financially unable to obtain an adequate defense in a
criminal case, may proceed on appeal in forma pauperis
without further authorization, unless:
(A) the district court—before or after the notice of
appeal is filed—certifies that the appeal is not taken in
good faith or finds that the party is not otherwise
entitled to proceed in forma pauperis and states in
writing its reasons for the certification or finding; or
(B) a statute provides otherwise.
(4) Notice of District Court’s Denial.
The district clerk must immediately notify the parties and
the court of appeals when the district court does any of the
following:
(A) denies a motion to proceed on appeal in forma
pauperis;
(B) certifies that the appeal is not taken in good faith;
or
(C) finds that the party is not otherwise entitled to
proceed in forma pauperis.
(5) Motion in the Court of Appeals.
A party may file a motion to proceed on appeal in forma
pauperis in the court of appeals within 30 days after
service of the notice prescribed in Rule 24(a)(4). The
motion must include a copy of the affidavit filed in the
district court and the district court’s statement of reasons
for its action. If no affidavit was filed in the district
court, the party must include the affidavit prescribed by
Rule 24(a)(1).
When an appeal or review of a proceeding before an
administrative agency, board, commission, or officer
(including for the purpose of this rule the United States Tax
Court) proceeds directly in a court of appeals, a party may
file in the court of appeals a motion for leave to proceed on
appeal in forma pauperis with an affidavit prescribed by Rule
24(a)(1).
A party allowed to proceed on appeal in forma pauperis may
request that the appeal be heard on the original record
without reproducing any part.
