(a) Notwithstanding any Delaware law to the contrary, the courts shall promulgate rules under which an individual who is unable to pre-pay all court costs and fees may proceed in forma pauperis.
(b) Before an individual shall be permitted to proceed in forma pauperis for the purposes of this chapter, the individual must submit a sworn affidavit sufficient to allow the court to determine the ability of the affiant to pay all or any portion of the court costs and fees associated with the filing of an action in that court. Such affidavit shall contain a statement that the affiant is unable to pay the costs and fees, and shall provide complete information as to the affiant’s identity, the nature, source and amount of all of the affiant’s income, the affiant’s spouse’s income, all real and personal property owned either individually or jointly, all cash or bank accounts held either individually or jointly, any dependents of the affiant and all debts and monthly expenses. The affiant shall further swear or affirm that the information in the affidavit is true and correct and made under penalty of perjury.
(c) Intentionally omitting or falsifying information on the affidavit shall cause the court to recalculate the filing fee due. The amount that would have been due shall be trebled and the action shall be abated until the total amount is paid in full. Nothing in this section shall limit any court’s authority to take further action against the affiant in the court’s discretion.
(d) Nothing in this chapter shall be interpreted to preclude an individual from filing an action in forma pauperis if determined to be appropriate by the court, subject to the limitations set forth in § 8804(f) of this title.
70 Del. Laws, c. 411,
§
1;
70 Del. Laws, c. 186,
§
1;
73 Del. Laws, c. 276,
§
3;
Notes of Decisions
Cited in
7
cases (
3 in the last 5 years), 2001–2025 · leading case:
Abdul-Akbar v. McKelvie, 239 F.3d 307 (3rd Cir. 2001).
Abdul-Akbar v. McKelvie, 239 F.3d 307 (3rd Cir. 2001).
“See generally 10 Del. C. § 8802 (I.F.P. statute). A state court provides a fully adequate forum for the vindication of civil rights claims.”
Cinqmars v. Clews (Del. Super. Ct. 2021).
· cites it 2× “1 I find that Plaintiff has failed to show that she does not have income to pay the filing fee in this matter.”
Fatir v. Records (Del. Super. Ct. 2023).
· cites it 2× “4 10 Del. C. § 8802. 5 10 Del. C. § 8803. -2- Under Section 8803, the Court will issue a dismissal: (1) if the court finds the action is factually frivolous, malicious or, upon a court's finding that the action is legally frivolous and that even a pro se litigant, acting with…”
Soul v. Christiansen (Del. Super. Ct. 2025).
· cites it 2× “6 10 Del. C. § 8802(a)–(b). 7 According to the revised affidavit, Plaintiff’s date of birth is September 8, 1968.”
Marvel v. State of Delaware. (Del. Super. Ct. 2014).
· cites it 2× “A sworn affidavit as 10 Del.C. § 8802 requires was included with the filing of the complaint, as well as bank account information for the Plaintiff.”
Evans v. Comm'r Coupe (Del. 2016).
“8 See 10 Del. C. § 8802(d) (“Nothing in this chapter shall be interpreted to preclude an individual from filing an action in forma pauperis if determined to be appropriate by the court, subject to the limitations set forth in § 8804(f).”
Shaw v. Metzger (Del. Super. Ct. 2019).
“” 3 A writ 1 See 10 Del. C. § 8802. 2 10 Del. C. § 8803(b).”
— 10 Del. C. § 8802(a) — 1 case
Soul v. Christiansen (Del. Super. Ct. 2025).
“6 10 Del. C. § 8802(a)–(b). 7 According to the revised affidavit, Plaintiff’s date of birth is September 8, 1968.”
— 10 Del. C. § 8802(b) — 3 cases
Cinqmars v. Clews (Del. Super. Ct. 2021).
“1 I find that Plaintiff has failed to show that she does not have income to pay the filing fee in this matter.”
Fatir v. Records (Del. Super. Ct. 2023).
“4 10 Del. C. § 8802. 5 10 Del. C. § 8803. -2- Under Section 8803, the Court will issue a dismissal: (1) if the court finds the action is factually frivolous, malicious or, upon a court's finding that the action is legally frivolous and that even a pro se litigant, acting with…”
Marvel v. State of Delaware. (Del. Super. Ct. 2014).
“A sworn affidavit as 10 Del.C. § 8802 requires was included with the filing of the complaint, as well as bank account information for the Plaintiff.”
— 10 Del. C. § 8802(d) — 1 case
Evans v. Comm'r Coupe (Del. 2016).
“8 See 10 Del. C. § 8802(d) (“Nothing in this chapter shall be interpreted to preclude an individual from filing an action in forma pauperis if determined to be appropriate by the court, subject to the limitations set forth in § 8804(f).”
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