In the State of New York, navigating the complexities of legal actions can be challenging, especially for individuals with limited financial resources seeking justice. The New York State Supreme Court, Appellate Division, Third Judicial Department, offers a provision through which individuals facing financial difficulties can move to proceed as a "poor person." This designation not only enables them to pursue an appeal in family court without bearing the full financial burden but also includes the assignment of counsel to ensure fair representation. The form, revised February 19, 2014, outlines a detailed procedure starting with a Notice of Motion that includes the case title and a detailed affidavit which supports the applicant’s claim for poor person status, defining specific criteria such as financial incapacity to cover court costs, fees, and associated expenses. The application process demands thorough documentation, including an appeal from a judgment or order of a lower court, evidence of notarization, and meticulous adherence to deadlines for serving motion papers to involved parties, including opponents and relevant attorneys. Additionally, the form sets expectations regarding the absence of oral arguments on the return date of the motion, emphasizing a paper-based review process. This system underscores a commitment to ensuring access to the legal system for all, particularly those hindered by economic constraints.
| Question | Answer |
|---|---|
| Form Name | New York Poor Person Form |
| Form Length | 9 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 2 min 15 sec |
| Other names | poor person status form for divorce in ny im incarcerated, motion to file as within time new york, affidavit of no social security number ny, permission poor person |