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Yes! You can use AI to fill out Form 4, Motion and Affidavit for Permission to Proceed in Forma Pauperis

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Form 4, Motion and Affidavit for Permission to Proceed in Forma Pauperis, page 1
Complex · 65/100Form Complexity Index

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What this form asks for

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This form, officially titled 'Motion and Affidavit for Permission to Proceed in Forma Pauperis,' is used by individuals appealing a case in the U.S. Court of Appeals for the Ninth Circuit who cannot afford the associated court fees. It requires a detailed declaration of the filer's financial status, including income, assets, expenses, and dependents, to demonstrate indigence to the court. Today, this form can be filled out quickly and accurately using AI-powered services like Instafill.ai, which can also convert non-fillable PDF versions into interactive fillable forms.
Fillable fields215
Pages7
Sections16
Form Complexity IndexComplex, 65/100

The AI checks your answers before you download

14 checks built for this form, so a wrong date or a missing answer is caught before anyone else sees it.

Case Number Presence and Format

This check verifies that the '9th Cir. Case Number(s)' field is not empty and conforms to the expected format for Ninth Circuit case numbers. This is critical for correctly identifying and docketing the motion with the corresponding appeal. A failure would prevent the form from being associated with the correct case file, leading to processing delays or rejection.

Affidavit Signature and Date Completion

This validation ensures that the 'Signature' and 'Date' fields are both completed. An unsigned or undated affidavit is legally invalid and cannot be processed by the court. This check is essential to confirm the filer is swearing to the form's contents under penalty of perjury as of a specific date.

Signature Date Validity

This check validates that the 'Date' field contains a valid date in MM/DD/YYYY format and that the date is not in the future. An invalid or future date would call the authenticity and timing of the sworn statement into question. If the date is invalid, the form cannot be accepted as it would lack a proper attestation date.

Total Monthly Income Calculation

This is a logical check that verifies the 'TOTAL MONTHLY INCOME' amount for both the filer and spouse is the correct sum of all individual income sources listed in Section 1. This ensures the financial data is internally consistent and accurately reflects the information provided. A discrepancy could indicate a calculation error by the filer and would require correction before the court can assess financial eligibility.

Total Monthly Expenses Calculation

This validation confirms that the 'TOTAL MONTHLY EXPENSES' amount for both the filer and spouse is the correct sum of all individual expense items listed in Section 8. Accurate expense totals are crucial for the court to evaluate the filer's net financial situation. If the sum is incorrect, it suggests an error in the provided data, and the form will be flagged for review and correction.

Conditional 'Other (specify)' Requirement

This rule checks that if a monetary value is entered into an 'Other' income (Section 1) or expense (Section 8) field, the corresponding 'specify' text field must be filled out. This context is necessary for the court to understand the nature of the income or expense and determine its relevance. A missing description for a listed amount makes the financial picture incomplete and will trigger a validation failure.

And 8 more checks
  • Employment Dates Chronology
  • Employment Income and History Consistency
  • Conditional Expense Creditor Name
  • Conditional Lawsuit Expense Amount
  • Daytime Phone Number Format
  • Issues on Appeal Completeness
  • Numeric Dollar Field Validation
  • Dependent Age Integer Validation

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How to Fill Out Form 4 Online for Free in 2026

What the AI walks you through.

  1. Navigate to an AI-powered form filler like Instafill.ai and upload or select Form 4 for the Ninth Circuit.
  2. Provide your case information, including the 9th Circuit Case Number and the full Case Name.
  3. Use the guided interface to enter detailed financial information, including all sources of monthly income for both yourself and your spouse.
  4. List all assets, such as cash, bank accounts, real estate, and vehicles, as prompted by the service.
  5. Detail your monthly expenses, list any dependents, and provide information about any money owed to you.
  6. Carefully articulate the legal issues for your appeal to demonstrate that it is non-frivolous.
  7. Review all entered information for accuracy, then digitally sign and date the affidavit before downloading the completed form for submission to the court.

Common Mistakes in Completing Form 4

The ones the AI is built to catch.

Reporting Net Income Instead of Gross Income
The form explicitly requires 'gross amounts,' which is income before any taxes or deductions. Many people mistakenly enter their net (take-home) pay, which understates their true financial resources. This inaccuracy can lead to the court questioning the entire financial disclosure and may result in the motion being denied. To avoid this, refer to your pay stubs or tax documents to find the gross income figure for all employment entries.
Incorrectly Calculating Monthly Rates
The form requires converting income and expenses paid weekly, biweekly, or quarterly into a monthly average. A common error is to multiply weekly amounts by 4, which is inaccurate. This miscalculation skews the total monthly income and expense figures, potentially jeopardizing the motion's approval. To avoid this, multiply weekly amounts by 4.33 and bi-weekly amounts by 2.167, or use an AI form-filling tool like Instafill.ai that can perform these calculations automatically.
Failing to State a Clear Issue on Appeal
The form requires a statement of the 'issues on appeal' to show the case is 'non-frivolous.' Applicants often provide a vague narrative or emotional plea instead of identifying specific legal errors made by the lower court. An insufficient explanation can lead the court to conclude the appeal lacks merit, resulting in the denial of the motion to proceed without paying fees. To avoid this, clearly and concisely state the legal grounds for your appeal.
Omitting Spouse's Financial Information
When an applicant is married, the form requires a complete financial picture of the household, including the spouse's income, assets, and expenses. Forgetting or intentionally omitting this information is a critical error that misrepresents the applicant's ability to pay. This will almost certainly lead to the motion being rejected for being incomplete or misleading. Always gather and include all required financial information for your spouse.
Forgetting to Sign and Date the Affidavit
The signature under 'penalty of perjury' is what makes the document a legally binding affidavit. An unsigned or undated form is invalid and will be rejected by the court clerk upon filing. This simple oversight forces the applicant to refile, causing significant and unnecessary delays in their appeal. Always perform a final check to ensure the signature and date fields on the first page are completed.
Using the Wrong Case Number
Applicants frequently enter the case number from the lower district court instead of the new number assigned by the Ninth Circuit Court of Appeals. This causes filing errors, as the clerk cannot immediately match the motion to the correct appellate case. This can delay the processing of your motion or even lead to its rejection. To avoid this, use only the case number provided by the Ninth Circuit for your appeal.
Failing to Disclose All Assets and Cash
Applicants must list all cash and assets, including all bank accounts, real estate, and vehicles owned by themselves or their spouse. People sometimes forget secondary savings accounts or other property, which can be viewed as an attempt to hide assets. Such omissions undermine the credibility of the affidavit and are a common reason for the court to deny the motion. Carefully review and list all financial assets to ensure full disclosure.
Mathematical Errors in Totals
The form requires summing multiple lines of income and expenses, and simple arithmetic mistakes are common. If the totals in Section 1 (Income) or Section 8 (Expenses) do not match the sum of the individual line items, it raises red flags about the accuracy of the entire document. This can lead to delays while the court requests a corrected form. To prevent this, use a calculator to double-check all your totals before submission. AI-powered tools like Instafill.ai can eliminate this risk by calculating totals automatically.
Using Full Names for Minor Dependents
For privacy protection, Section 7 explicitly instructs applicants to list 'only the initials and not the full name' for any dependent who is a minor. Overlooking this instruction and writing a child's full name is a common mistake. While it may not lead to an outright denial, it shows a failure to follow directions and may require the submission of a corrected page. Always read field-specific instructions carefully to protect personal information.
Forgetting to Attach Required Prisoner Account Statements
The form has a specific, mandatory requirement for prisoners to attach a certified statement of their institutional accounts for the last six months. This is a frequently missed step for incarcerated filers. Failure to include this certified statement makes the application incomplete and will result in its rejection, halting the progress of the appeal. If this applies to you, you must contact the appropriate institutional officer to obtain this certified document before filing.
Ignoring Follow-Up Explanations for 'Yes' Answers
Questions 9 and 10 ask for a 'Yes' or 'No' response and require a detailed explanation if the answer is 'Yes'. Applicants often check 'Yes' but fail to provide the mandatory description of expected financial changes or lawsuit expenses. This makes the application incomplete and prevents the court from fully understanding the financial situation. If you answer 'Yes' to a question, ensure you provide the required follow-up information clearly and completely on an attached sheet.

Frequently Asked Questions About Form 4

 

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How does the AI fill out Form 4?
You answer a few questions in plain words, or upload a document you already have. The AI reads what you give it and puts each answer into the right field of Form 4, on every page, in seconds. It checks the answers against the form's own rules, and you review and change anything before you download, print or sign.
What happens to my information?
It is encrypted in transit and at rest, and it is never used to train AI.
How complex is Form 4 to fill out?
Form 4 has a Form Complexity Index of 65 out of 100, in the complex tier: 215 fillable fields across 7 pages. Instafill.ai's AI fills it in under a minute, with every field there for you to review before you download.
What is the purpose of Form 4?
This form is a motion to ask the U.S. Court of Appeals for the Ninth Circuit for permission to proceed with your appeal without paying the required filing fees. This is also known as proceeding 'in forma pauperis'.
Who needs to fill out this form?
You should complete this form if you are appealing a case to the Ninth Circuit and cannot afford to pay the court's docketing and filing fees. You must demonstrate financial hardship to the court.
What does 'gross amounts' mean for my income?
Gross amount is your total income before any deductions for taxes, social security, or other expenses. You should report your full earnings, not your take-home pay.
How do I calculate the 'average monthly amount' for my income?
If you are paid weekly, multiply your weekly gross income by 4.33. If you are paid biweekly, multiply by 2.167. If you know your annual income, divide it by 12 to find the monthly average.
Do I have to include my spouse's financial information?
Yes, the form requires you to provide detailed financial information for both yourself and your spouse. This allows the court to assess your entire household's financial situation.
What should I write in the 'issues on appeal' section?
You must briefly state the legal issues you are raising on appeal to show that your case is non-frivolous. Describe the errors you believe the lower court made in its decision.
I am a prisoner. Are there special requirements for me?
Yes, if you are a prisoner appealing a civil action, you must attach a certified statement from your institution showing all transactions in your accounts for the last six months.
What assets do I need to list in Section 5?
You must list valuable assets like your home, other real estate, and motor vehicles, along with their estimated value. You do not need to list ordinary clothing or household furniture.
Why should I only use initials for minor dependents?
This is a privacy measure to protect the identities of children involved in court filings. For any dependent who is a minor, list only their initials, relationship, and age.
Where do I submit this form?
This form must be filed with the United States Court of Appeals for the Ninth Circuit. Check the court's official website for the most current submission instructions and address.
Can an AI tool help me fill out this form?
Yes, services like Instafill.ai use AI to help you accurately auto-fill form fields, which can save time and reduce errors. The AI can recognize fields and populate them with your saved information.
How can I fill out Form 4 online?
You can use a service like Instafill.ai to complete this form online. Simply upload the PDF, and the platform will make it an interactive, fillable form that you can complete and save on your device.
The PDF version of this form I have isn't fillable. What can I do?
If you have a non-fillable or 'flat' PDF, you can upload it to Instafill.ai. The service will automatically convert the document into an interactive form that you can fill out on your computer.
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