25 Del. C. ch. 57 § 5718
Proceedings in forma pauperis
Operative Text
Upon application of a party claiming to be indigent, the Court may authorize the commencement, prosecution or defense of any civil action or civil appeal without prepayment of fees and costs or security therefor by a person who makes an affidavit that such person is unable to pay the costs or give security therefore. Such affidavit shall state the nature of the action or defense and the affiant’s belief that the affiant is entitled to redress, and shall state sufficient facts from which the Court may make an objective determination of the petitioner’s alleged indigence. The Court may, in its discretion, conduct a hearing on the question of indigence. In any action in which a claim for damages is asserted by a party seeking the benefit of this rule, the prothonotary shall, before entering a dismissal of the claim or satisfaction of any judgment entered therein, require payment of accrued court costs from any party for whose benefit this rule has been applied if said party has recovered a judgment in said proceedings or received any funds in settlement thereof. A party and such party’s attorney of record shall file appropriate affidavits in the event a claim is sought to be dismissed without settlement or recovery.
Section 5718 of Title 25 of the Delaware Code allows a court to waive the usual requirement to pay filing fees and court costs upfront for parties who cannot afford them. To qualify, the person must submit a sworn affidavit explaining their financial situation, the nature of their case, and why they believe they have a valid claim or defense. The court retains discretion to hold a hearing to verify the claimed indigence, and if the party ultimately recovers money through a judgment or settlement, any previously waived court costs must be paid before the case is formally closed.
Plain English — not legal advice.
Under 25 Del. C. § 5718, a tenant or other opposing party in a landlord-tenant proceeding may be permitted to litigate without paying court fees upfront if they successfully demonstrate indigence to the court. Landlords and property managers should be aware that an opponent's use of this provision does not eliminate their obligation to pay accrued court costs if they later recover funds through a judgment or settlement. Operators involved in Delaware court proceedings generally keep records of all costs incurred, as those costs may become collectible at the conclusion of the case.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 5718 of Title 25 of the Delaware Code provides a pathway for tenants who cannot afford court filing fees and costs to ask the court to waive those expenses upfront by submitting a detailed sworn affidavit about their financial situation and the basis of their claim or defense. This provision applies to both initiating and defending civil actions, meaning it may be available whether a tenant is bringing a claim or responding to one filed by a landlord. Tenants who believe they may qualify can learn more about the affidavit requirements and the application process by contacting a local tenant-rights organization or legal aid office in Delaware.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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