Applications to Proceed in Forma Pauperis

U.S. District Court for the District of Nebraska

Rule Set: Local Rules of the U.S. District Court for the District of Nebraska

Rule: 3.3

Jurisdiction: DNE

Bluebook Citation: D. Neb. L.R. 3.3

All Rules: D. Neb. Local Rules, complete index


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1 Effective December 1, 2025 Nebraska Civil Rules (a) Financial Affidavit. A financial affidavit that substantially complies with 28 U.S.C. § 1915(a) and discloses the applicant's income, assets, expenses, and liabilities must accompany an application to proceed in forma pauperis. (b) Prisoner Applications; Trust Account Information. In addition to submitting a financial affidavit, a prisoner as defined by 28 U.S.C. § 1915A(c) filing a complaint and seeking leave to proceed in forma pauperis must file a certified copy of the prisoner's trust account information that complies with 28 U.S.C. § 1915(a)(2).

(1) Consent to Release of Information and Fee Payment. An application to proceed in forma pauperis is consent for the institution to release trust account information to the clerk and to pay any filing fee required by 28 U.S.C. § 1915(b). (2) Continuing Payment Obligation. The court must continue to collect, and the institution must continue to pay, the filing fee required by 28 U.S.C. § 1915(b)(1) until the fee is fully paid, despite dismissal of a case in which the court granted leave to proceed in forma pauperis.

This subparagraph does not apply to petitions for writ of habeas corpus. (c) Multiple Plaintiffs. If more than one person brings a civil action for which leave to proceed in forma pauperis is requested, each plaintiff must file an application, affidavit, and, if applicable, trust account information. In multiplaintiff prisoner civil rights cases, the assigned judge may require each prisoner to pay the full district court filing fee; joinder of plaintiffs is allowed if appropriate under Federal Rule of Civil Procedure 20.

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