application without conducting hearing in Pennsylvania

2025However, “when considering whether an individual is indigent, the trial court must focus on whether he or she can afford to pay and cannot reject the allegations contained in an application without conducting a hearing.” Id. at 23 .

2022Amrhein, supra. See also Crosby Square Apartments v. Hanson, 666 A.2d 737 (Pa. Super. 1995)[.] Although the trial court has considerable discretion in determining whether a person is indigent for purposes of an IFP application, Amrhein, supra, in making that determination, the trial court must focus on whether the person can afford to pay and cannot reject allegations contained in an application without conducting a hearing.

2016A trial court, in exercising its discretion in determining whether a defendant is indigent for the purposes of in forma pauperis, “must focus on whether the person can afford to pay and cannot reject allegations in an application without conducting a hearing.” Id. (emphasis added, citations omitted).

2016Similar to an in forma pauperis determination, we find “[t]he trial court has considerable discretion in determining whether a person is indigent … [and] in making that determination, it must focus on whether the person can afford to pay and - 10 - J-S31030-16 cannot reject allegations in an application without conducting a hearing.” Commonwealth v. Cannon, 954 A.2d 1222, 1226 (Pa. Super. 2008) (holding trial court did not err in denying motion to appoint expert witness when defendant failed to establish indigency) (quotation omitted), appeal denied, 964 A.2d 893 (Pa. 2009).

2022Amrhein, supra. See also Crosby Square Apartments v. Hanson, 666 A.2d 737 (Pa. Super. 1995)[.] Although the trial court has considerable discretion in determining whether a person is indigent for purposes of an IFP application, Amrhein, supra, in making that determination, the trial court must focus on whether the person can afford to pay and cannot reject allegations contained in an application without conducting a hearing.

2022Cannon, supra; Crosby Square, supra. Batterman, supra, at 7 (some citations omitted).

2025If “the petition is denied, in whole or in part, the court shall briefly state its reasons.” Pa.R.Civ.P. 240(c)(3); see also D.R.M., 153 A.3d at 351 .

2019If some allegations in the application are accepted but others are rejected, a hearing nonetheless is required. 2 At the same time he appealed to the OOR, Appellant also sent an appeal to the DAO’s appeals officer, who also denied Appellant’s appeal by a final determination issued November 30, 2017. 3 “In reviewing a trial court’s resolution of an application to proceed in forma pauperis, [appellate courts] reverse only if the [trial] court abused its discretion or committed an error of law.” Commonwealth v. Lepre, 18 A.3d 1225, 1226 (Pa. Super. 2011).