Significant Changes to State Court “Fee Waiver” Forms Starting September 5

Civil legal aid, the Minnesota State Bar Association (MSBA) and the Minnesota Judicial Branch recently completed usability improvements to the state’s fee waiver forms. Among the significant changes to the forms, all will now use the plain language term “fee waiver” rather than the Latin phrase “in forma pauperis” or “IFP.” This important change will help litigants better understand the purpose and process.

The new forms and instructions are live on the Judicial Branch website effective September 5, 2023. Both the fillable pdf version of the forms and the Guide and File interview are available. The new forms and instructions are in English, and translations will be available by September 15.

All updates to the fee waiver forms were based on recommendations from the Civil Justice Subcommittee (CJS) of the Committee for Equality and Justice. The CJS gathered feedback from civil legal aid, law library staff, pro bono attorneys, and Minnesota Judicial Branch Self-Help Center staff on how to make the forms more user-friendly. The final approved changes include the following.

Simplified form requirements

Users who receive statutorily prescribed public assistance, or who meet the income requirements for civil legal aid or pro bono services, will no longer need to complete questions detailing income, as they are deemed to meet the statutory fee waiver requirements under Minn. Stat. § 563.01.

Plain language, usability improvements

Plain language and usability have been greatly improved on all fee waiver forms. Changes include:

  • More instructions integrated into the affidavit form so that users won’t have to switch back-and-forth between the instructions and the form while completing it.

  • Removal of the requirement that a user include a proposed order with their form, which was identified as an unnecessary barrier for many self-represented litigants.

  • Replacement of the term “in forma pauperis” with “fee waiver” across all forms, which will make the forms more understandable and accessible for court users.

Any feedback or concerns on how the courts are accepting the new forms and process can be emailed to bridget.gernander@courts.state.mn.us.