Can an appeal be taken in forma pauperis if the trial court certifies in writing that the appeal was not taken in good faith?
MultiRegion, United States of America
The following excerpt is from Gilbert v. United States, 278 F.2d 61 (9th Cir. 1960):
Section 1915 provides that an appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith. But while such a certificate carries great weight with this court it is not final in the sense that a convicted defendant is barred from showing in this court that the certificate was unwarranted and that an appeal should be allowed. Johnson v. United States, 352 U.S. 565, 77 S.Ct. 550, 1 L. Ed.2d 593.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
What is the timing of a motion for attorney's fees and costs in the wake of the Court of Appeal's decision of appeal against the Supreme Court of Justice's decision to dismiss the appeal? (MultiRegion, United States of America)
What is the effect of the Court of Appeal's finding that the Ontario Superior Court of Justice has jurisdiction to hear a motion of appeal in the matter of personal injury? (MultiRegion, United States of America)
Is a prothonotary's order for an appeal of an order requiring the Court of Appeal to consider the issues raised in this appeal are "vital to the final issue of the case"? (Canada (Federal), Canada)
What is the effect of a frivolous appeal against the Court of Appeal's decision to dismiss the appeal on the grounds of mootness? (MultiRegion, United States of America)
Is there any case law requiring the trial court to refrain from hearing cases before the appeals court? (Canada (Federal), Canada)
Can a court of appeals hear an appeal from a final decision of the bankruptcy court? (MultiRegion, United States of America)
If a claim is brought by a plaintiff before the Court of Appeal of the Superior Court of Justice from the State of New York is heard by a federal judge, what effect does this have on the appeal? (MultiRegion, United States of America)
When a litigant claims that a lower court has taken action beyond its jurisdiction, does the court have power to require the lower court to set matters right? (MultiRegion, United States of America)
Is a prisoner precluded from bringing a civil action or appeal in forma pauperis if he has brought three frivolous actions and/or appeals? (MultiRegion, United States of America)
