In what circumstances will the trial court grant an application to proceed in forma pauperis for purposes of providing transcripts at public expense?

California, United States of America


The following excerpt is from March v. Municipal Court, 102 Cal.Rptr. 597, 498 P.2d 437, 7 Cal.3d 422 (Cal. 1972):

Although there are no cases specifically establishing criteria by which the trial court is to determine indigency for purposes of providing transcripts at public expense, the same criteria governing applications to proceed in forma pauperis for purposes of eliminating filing fees are applicable. In order to present a prima facie showing of indigency, it is not necessary for the applicant to establish total destitution although he may be required to establish more than that the payment of the required fee would be burdensome or inconvenient. (Ferguson v. Keays, 4 Cal.3d 649, 658, fn. 8, 94 Cal.Rptr. 398, 484 P.2d 70.)

In Earls v. Superior Court, 6 Cal.3d 109, 114, 98 Cal.Rptr. 302, 304, 490 P.2d 814, 816, we held that '. . . whenever a motion to proceed in forma pauperis is supported by an affidavit sufficient on its face to show indigency the court must grant the motion unless it has good reason to doubt the truthfulness of the factual allegaions in the affidavit, and in that event it may decide the matter or conflicting affidavits, or in unusual circumstances order a hearing for the purpose of inquiring into the matter.'

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