5.1 General Principles

To proceed with IFP status, a litigant must comply with three requirements outlined in La. C.C.P. art. 5183: an affidavit from the litigant attesting to income and expenses, an affidavit from a third person (other than the litigant’s attorney) attesting to the litigant’s financial condition, and a recommendation from the clerk of court (if the latter is required by the local court). A litigant may submit the materials necessary to comply with these requirements along with the litigant’s first pleading or by ex parte written motion at a later time.1  If a litigant applies for IFP status after the first pleading, court fees that have accrued but that are not yet due can be considered when determining the litigant’s ability to pay the necessary court fees going forward; as such an IFP filing can prevent case dismissal when a litigant faces upcoming fee deadline.2

  • 1La. C.C.P. art. 5183.
  • 2See Tate v. Ochsner Clinic Found., 16-140, p. 6 (La. App. 5 Cir. 12/7/16), 205 So. 3d 996, 1001 (finding that litigant’s petition for IFP status on the date surety bond was due allowed litigant to avoid case dismissal and relieved litigant of surety bond requirement).

Disclaimer: The articles in the Gillis Long Desk Manual do not contain any legal advice.