Order On Prisoners Petition For Waiver Of Prepayment Of Fees-Costs Based On Imminent Danger {CV-441}

CV-441 - ORDER ON PRISONER’S PETITION FOR WAIVER OF PREPAYMENT OF FEES/COSTS BASED ON IMMINENT DANGER. This form is used by the Circuit Court in Wisconsin to determine whether an incarcerated individual may proceed with a legal action without paying filing and service fees upfront due to an alleged risk of serious physical harm. The court first reviews whether the prisoner has submitted all required documentation, including proof of indigency, authorization to deduct funds from the trust account, and exhaustion of administrative remedies when applicable. If the documentation is complete, the court then determines whether the prisoner has either exhausted all administrative remedies or is exempt from that requirement. The central focus of the form is to assess whether the prisoner has made a prima facie showing of imminent danger of serious physical harm. If that showing is made, the court proceeds to evaluate the prisoner's financial status. The court may grant the petition fully if the prisoner is indigent and has authorized payments from their account, allowing the action to proceed without prepayment of fees and permitting the sheriff to serve documents without charge. If the prisoner fails to prove indigency or imminent danger, or has not met procedural requirements, the petition is denied and the legal action cannot move forward until all required fees are paid. §814.29, Wisconsin Statutes. www.FormsWorkflow.com