Who must file this form?

This form is for a prisoner to file with the Clerk of Court. The prisoner must provide the original and one copy of the declaration, plus other required documents. Great care must be taken to provide sufficient copies of the pleadings for all named defendants. Great care must be taken to provide sufficient copies of the pleadings for all named defendants.

What information does the prisoner need to provide?

The prisoner must declare that they cannot pay the costs due to poverty. They must also provide details about their income, assets, and any legal obligations. The form requires several attached documents as well.

CV-438

Prisoner's Petition for Waiver of Prepayment of Fees/Costs - Declaration of Indigency

Wisconsin · Wisconsin Court System · Effective September 12, 2024

This form is a petition for a prisoner to ask the court to waive the requirement of paying filing fees, costs, or security for costs. It asks the prisoner to declare their financial situation and provide several documents to support the request.

The court describes it as: For a prisoner to seek to begin an action or special proceeding without payment of filing fees, costs, or security for costs.

Open the official PDFfrom Wisconsin Court System

Where this fits in a case

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Stage: Start a case

This form is used by a prisoner who needs to start a case or special proceeding but cannot afford to pay the required fees or costs upfront.

Usually filed by the person starting the case.

Official instructions

How-to guides published by the court for this form.

Plain-language summary

Common questions

Who must file this form?: This form is for a prisoner to file with the Clerk of Court. The prisoner must provide the original and one copy of the declaration, plus other required documents. Great care must be taken to provide sufficient copies of the pleadings for all named defendants. Great care must be taken to provide sufficient copies of the pleadings for all named defendants.
What information does the prisoner need to provide?: The prisoner must declare that they cannot pay the costs due to poverty. They must also provide details about their income, assets, and any legal obligations. The form requires several attached documents as well.

Revision history

No changes recorded since we started tracking this form on October 10, 2026. The current version took effect September 12, 2024.

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