Current through Register Vol. 54, No. 24, June 15, 2024
Rule 552 - Application to Trial Court for Leave to Appeal In Forma Pauperis(a)General rule.-A party who is not eligible to file a verified statement under Pa.R.A.P. 551 (continuation of in forma pauperis status for purposes of appeal) may apply to the trial court for leave to proceed on appeal in forma pauperis. The application may be filed before or after the taking of the appeal, but if filed before the taking of the appeal, the application shall not extend the time for the taking of the appeal.(b)Accompanying verified statement.-Except as prescribed in paragraph (d) of this rule, the application shall be accompanied by a verified statement substantially conforming to the requirements of Pa.R.A.P. 561 (form of IFP verified statement) showing in detail the inability of the party to pay the fees and costs provided for in Chapter 27 (fees and costs in appellate courts and on appeal).(c)No filing fee required.-The clerk of the trial court shall file an application under this rule without the payment of any filing fee.(d)Automatic approval in certain cases.-If the applicant is represented by counsel who certifies on the application or by separate document that the applicant is indigent and that such counsel is providing free legal service to the applicant, the clerk of the trial court shall forthwith enter an order granting the application. The clerk may accept and act on an application under this paragraph without an accompanying verified statement by the party.(e)Consideration and action by the court.-Except as prescribed in paragraph (d) of this rule, the application and verified statement shall be submitted to the court, which shall enter its order thereon within 20 days from the date of the filing of the application. If the application is denied, in whole or in part, the court shall briefly state its reasons.(f)Certificate of compliance with Case Records Public Access Policy of the Unified Judicial System of Pennsylvania.-An application filed under this Rule shall contain the certificate of compliance required by Pa.R.A.P. 127.The provisions of this Rule 552 amended through December 22, 1983, effective 1/1/1984, 14 Pa.B. 43; amended January 5, 2018, effective 1/6/2018, 48 Pa.B. 461; amended June 1, 2018, effective 7/1/2018, 48 Pa.B. 3517.