Section 552. Application to Lower Court for Leave to Appeal In FormaPauperis

(a) General rule.—A party who is not eligible to file a verified statement under Rule 551 (continuation of in forma pauperis status for purposes of appeal) may apply to the lower court for leave to proceed on appeal in forma pauperis. The application may be filed before or after the taking of the appeal, but if filed before the taking of the appeal, the application shall not extend the time for the taking of the appeal.

(b) Accompanying verified statement.—Except as prescribed in Subdivision (d) of this rule, the application shall be accompanied by a verified statement substantially conforming to the requirements of Rule 561 (form of IFP verified statement) showing in detail the inability of the party to pay the fees and costs provided for in Chapter 27 (fees and costs in appellate courts and on appeal).

(c) No filing fee required.—The clerk of the lower court shall file an application under this rule without the payment of any filing fee.

(d) Automatic approval in certain cases.—If the applicant is represented by counsel who certifies on the application or by separate document that the applicant is indigent and that such counsel is providing free legal service to the applicant, the clerk of the lower court shall forthwith enter an order granting the application. The clerk may accept and act on an application under this subdivision without an accompanying verified statement by the party.

(e) Consideration and action by the court.—Except as prescribed in Subdivision (d) of this rule, the application and verified statement shall be submitted to the court, which shall enter its order thereon within 20 days from the date of the filing of the application. If the application is denied, in whole or in part, the court shall briefly state its reasons.

Official Note

Extends the substance of former Supreme Court Rule 61(b) (part) and 61(c) (part) to the Superior and Commonwealth Courts and provides for action by the clerk in lieu of the court. It is anticipated that an application under this rule ordinarily would be acted upon prior to the docketing of the appeal in the appellate court and the transmission of the record.

Relief from requirements for posting a supersedeas bond in civil matters must be sought under Rule 1732 (application for stay or injunction pending appeal) and relief from bail requirements in criminal matters must be sought as prescribed by Rule 1762 (release in criminal matters), but under Rule 123 (applications for relief) the applications under Rule 552 (or 553) and ther rules may be combined into a single document.

The provisions of this Rule 552 amended through December 22, 1983, effective January 1, 1984, 14 Pa.B. 43. Immediately preceding text appears at serial pages (50285) to (50287).