Del. Ch. Ct. R. 83 (2026)
Rule 83. Proceedings In Forma Pauperis
Rule 83. Proceedings In Forma Pauperis (a) Application. Any party who cannot afford to pay Court fees or costs may apply to proceed in forma pauperis. The application must include an affidavit that complies with 10 Del. C. §§ 8802 to 8804. (b) Determination. If the Court grants the application, the Court may waive all or part of the fees or costs, or approve a payment schedule. If the Court denies the application, then the Register must give written notice to the applicant identifying the fees and costs due and a specific deadline for payment—at least 15 days from the
date of the notice. A filing may be rejected or an action dismissed for non-payment. (c) Deduction from Recovery. Any recovery—by judgment, settlement, or otherwise—obtained by a party proceeding in forma pauperis must be paid to the Register. The Register will deduct fees or costs otherwise due and disburse the balance. (d) Dismissal Affidavit. A party proceeding in forma pauperis must file an affidavit affirming that no recovery was obtained before voluntarily dismissing a claim. History. Added, effective Oct. 1, 2013; amended May 18, 2026, effective June 1, 2026.