If the Plaintiff (person who files the case) wins the case, the court may award the court costs (in addition to the principal claim, interest, and other relief requested as a part of the judgment). If the Plaintiff files the case outside of the county where the Defendant (person whom the claim is against) resides, court costs will not be awarded.
How To File An Application For a Waiver of Court Fees
The application for filing a fee waiver is contained below. You
may either obtain the necessary forms from the Court or you may download them. All applicants must fill in the Application
and Affidavit to Proceed in Forma Pauperis (Civil Form 49). Only persons who have been told by a Delaware Court that they may
not file future claims without the permission of the court due
to having filed frivolous or malicious litigation, should fill out
the second form, the Affidavit
of Good Cause (Civil Form 49A).
The application (and the Affidavit of Good
Cause, if you are required to file it) must be signed in front
of a notary public or a justice of the peace. You should be
aware that in signing the application (and the Affidavit of Good
Cause, if necessary), you are swearing or affirming, under penalty
of perjury, that the information is true and correct. If you wish
to sign in front of a notary, and do not know of one, you may find
a list of notaries in the yellow pages of the telephone book.
The signed and notarized fee waiver documents should
be filed with the Court along with your complaint.
Also included, for your information, are
the income eligibility guidelines which are used by the Court
in determining whether an in forma pauperis application should be
granted. When applicants have both income and assets at or below
the guidelines, the Court will generally approve the application.
At income or asset levels above those shown in the guidelines, the
Court will determine whether the applicant has any unusual necessary
expenses which may cause the Court to grant the application.
In addition to looking at the applicant’s
income and asset levels, the Court will review the applicant’s complaint
to determine whether the action is factually frivolous (baseless,
or of no importance), malicious (designed to injure or harass),
or legally frivolous (without legal merit). If the complaint fits
within any of these categories, the Court will deny the request
for the fee waiver and will dismiss the action.