What IFP Actually Covers (and What It Doesn't)

Updated March 2026 · Know Your Rights Guide (D3)

Getting approved for in forma pauperis (IFP) status under 28 U.S.C. § 1915 is a major win — it means you can file your federal lawsuit without paying the $405 filing fee upfront. But IFP is not a blank check. It covers specific costs and leaves others entirely on your shoulders. Misunderstanding what IFP does and doesn't pay for can lead to nasty surprises mid-litigation.

This guide is the practical breakdown. No vague generalities — just a clear, item-by-item look at what's covered, what's not, and what falls into a gray area you may need to fight for.

For the basics of applying for IFP, see our In Forma Pauperis guide. This article picks up where that one leaves off.

What IFP Definitely Covers

1. The Filing Fee

This is the big one. The federal civil filing fee is $405 ($350 statutory fee + $55 administrative fee). IFP status waives this fee entirely for most non-prisoner litigants. You file your complaint and pay nothing to the clerk.

⏰ Prisoners Pay Differently If you're incarcerated, IFP works differently. Under the Prison Litigation Reform Act (PLRA), the filing fee is not waived — it's deferred. The full $350 is collected in installments from your prison trust account (an initial partial payment, then 20% of monthly income until the fee is paid). The $55 administrative fee is not collected from prisoners. This means IFP for prisoners is really a payment plan, not a waiver.

2. Service of Process by U.S. Marshals

Under 28 U.S.C. § 1915(d), when you're granted IFP status, the court can order the U.S. Marshals Service to serve your summons and complaint on the defendant at no cost to you. This saves you the $50–$150+ you'd normally pay a private process server.

In practice, the court typically directs the Marshals to handle service after the complaint passes initial screening (§ 1915(e) review). The clerk's office coordinates with the Marshals — but you should follow up to confirm service was completed and the return of service was filed. Don't assume it happened.

💡 Provide Good Addresses The Marshals will attempt service at the addresses you provide. If the address is wrong or the defendant has moved, service will fail — and you're still on the 90-day clock. Do your homework on the defendant's current address before relying on the Marshals. For corporations, provide the registered agent's address (found on the state secretary of state's website).

3. Waiver of Prepayment for Appeal Filing Fees

If you lose at the district court level and want to appeal, IFP status typically carries over or can be re-applied for at the appellate level. The appellate filing fee ($505) can be waived. However, some circuits require a new IFP application specifically for the appeal — check your circuit's local rules.

4. Subpoena Fees (Witness and Mileage)

Under 28 U.S.C. § 1915(c), witnesses subpoenaed on behalf of an IFP litigant are entitled to the same fees and mileage as witnesses in cases brought by the United States. The statute contemplates that these costs are borne by the government, though in practice this is one of the grayer areas. If you need witnesses for trial, the court may order witness fees paid by the government.

What IFP Might Cover (But You'll Have to Ask)

These costs aren't automatically covered by IFP. Whether you can get them covered depends on your district, your judge, and how well you argue the request.

5. Transcripts

Court reporter transcripts are expensive — often $3–$5 per page. A single hearing transcript can cost $300–$1,000+. If you need a transcript for your appeal, IFP status alone doesn't guarantee you'll get one for free.

However, the court has discretion to order transcripts at government expense for IFP litigants when the transcript is necessary for the case. To request this, file a motion for transcript at government expense explaining why the transcript is essential (e.g., you need it for your appellate brief and can't present your arguments without it). Courts are more receptive when you can show specific, concrete reasons the transcript matters.

💡 Alternatives to Full Transcripts If you can't get the full transcript, consider requesting a partial transcript of only the specific proceedings you need (the hearing on the motion to dismiss, the testimony of a particular witness, etc.). This reduces the cost and makes the court more likely to approve your request. You can also prepare a statement of the evidence under FRAP Rule 10(c) as an alternative to a transcript on appeal.

6. Copies and Printing

If you're filing by paper (not CM/ECF), you need copies of everything — your complaint, motions, exhibits, and one copy for each party plus the court. Some clerk's offices will waive copy costs for IFP litigants, but this isn't guaranteed. Ask the clerk. If you're filing electronically, this is largely a non-issue.

7. Expert Witness Fees

Expert witnesses can cost thousands of dollars. IFP status does not automatically cover expert fees. However, under Rule 706, the court can appoint its own expert and allocate the cost. In rare cases, courts have ordered expert fees paid at government expense for IFP litigants when expert testimony was truly essential to the claim.

This is a hard ask. You're more likely to succeed in cases where: the claim requires technical evidence that a layperson can't provide (medical malpractice, engineering defects), and the case has survived initial screening and discovery, showing it has merit.

8. Mediation and ADR Costs

Many federal courts require parties to participate in mediation or alternative dispute resolution (ADR) before trial. Some courts waive mediator fees for IFP litigants; others don't. Check your court's ADR program — most have a pro bono or reduced-fee panel for indigent parties.

What IFP Does NOT Cover

These costs are on you, regardless of IFP status. Plan accordingly.

9. Deposition Costs

Depositions are the most expensive discovery tool. The party taking the deposition pays the court reporter, which runs $300–$1,000+ per deposition depending on length and location. IFP status does not cover deposition costs.

Some strategies for IFP litigants who need depositions:

⚠️ Discovery Costs Can Make or Break Your Case This is the hard truth about IFP litigation. IFP gets you through the courthouse door, but it doesn't level the playing field for discovery. The opposing party (often a government entity or corporation) has unlimited resources for depositions, experts, and document review. You need to be strategic about how you build your evidence record. See our discovery guide for cost-effective strategies.

10. Attorney's Fees (Yours)

IFP does not provide you with a lawyer. It's a fee waiver, not appointed counsel. In civil cases, there is generally no right to appointed counsel (unlike criminal cases). The court may request that an attorney volunteer to represent you under 28 U.S.C. § 1915(e)(1), but this is discretionary and depends on the complexity of the case, your ability to present it yourself, and whether volunteer attorneys are available.

💡 Requesting Recruited Counsel If your case is complex — multiple defendants, expert testimony needed, complicated legal issues — consider filing a motion for recruitment of counsel. The court can't force an attorney to take your case, but it can ask. Factors courts consider: the merits of your claims, the complexity of the legal and factual issues, your ability to investigate and present the case, and whether you've made reasonable efforts to find counsel on your own. Show the court you've tried to find a lawyer (and been turned down) before making this request.

11. Travel Costs

If you need to travel to the courthouse for hearings, depositions, or trial, IFP doesn't cover your gas, bus fare, or hotel. If travel is genuinely impossible due to distance and poverty, you can request that hearings be conducted by phone or video — courts have become much more amenable to this post-pandemic.

12. Photocopying and Mailing Beyond Basics

While some courts waive basic copy costs for IFP litigants, extensive document production — copying hundreds of pages of discovery materials, mailing large document sets to opposing counsel — is on you. File electronically whenever possible to minimize this.

13. Investigation Costs

Background checks, FOIA requests (some agencies charge fees), obtaining medical records, police reports, or other evidence — these costs are not covered by IFP. Many records can be obtained for free or at reduced cost if you explain you're an IFP litigant, but this varies by agency and provider.

14. Bond or Security

If the court requires a bond (e.g., for a temporary restraining order or preliminary injunction), IFP status may not waive it. Courts have discretion here, and some will waive bond requirements for IFP litigants, but it's not automatic.

The Full Cost Picture: What Federal Litigation Actually Costs

Expense Typical Cost IFP Covered?
Filing fee $405 Yes (waived or deferred for prisoners)
Service of process $50–$150 per defendant Yes (U.S. Marshals)
Appeal filing fee $505 Yes (with new application in some circuits)
Transcripts $300–$1,500+ Maybe (motion required)
Depositions $300–$1,000+ each No
Expert witnesses $2,000–$10,000+ Rarely (court appointment possible)
Copies/printing $50–$500+ Sometimes (ask the clerk)
Attorney $200–$500+/hour No (but recruited counsel possible)
Travel Varies No
Investigation/records $50–$500+ No
Mediation $500–$2,000 Sometimes (pro bono panels)

IFP Can Be Revoked

IFP status isn't permanent. The court can revoke it at any time if:

⚠️ The Three-Strikes Rule (Prisoners Only) Under the PLRA's "three strikes" provision (28 U.S.C. § 1915(g)), a prisoner who has had three or more cases dismissed as frivolous, malicious, or for failure to state a claim is barred from filing future IFP cases — unless they're in imminent danger of serious physical injury. This is a lifetime ban on IFP filing for prisoners who accumulate three strikes. It doesn't apply to non-prisoner litigants.

Maximizing IFP: Practical Strategies

🔧 Keep Costs Down on Document Preparation Every document you file needs to be a properly formatted PDF. Instead of paying a copy shop to scan and format your documents, use our free image-to-PDF converter to turn phone photos and scans into court-ready PDFs — right from your browser, no software to install, no data uploaded anywhere.

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