Who must file this form?

The form is for a prisoner to file with the Clerk of Court. The petitioner must provide the original and one copy of the declaration, plus copies of any necessary pleadings for the defendants.

What information must be included?

The petitioner must declare that they cannot pay the costs, that they are in imminent danger of serious physical harm, and provide detailed financial information about their assets and income.

CV-440

Prisoner's Petition for Waiver of Prepayment of Fees/Costs Based on Imminent Danger - Declaration of Indigency

Wisconsin · Wisconsin Court System · Effective September 12, 2024

This form is a petition used by a prisoner to ask the court to waive the requirement of paying filing fees and costs. The petitioner must also state that they are in imminent danger of serious physical harm.

The court describes it as: To allow a prisoner claiming to be in imminent danger of serious physical harm to begin an action or special proceeding without prepayment 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 legal action or special proceeding but cannot pay the required fees or costs. The petitioner must also declare that they are in immediate danger of serious physical harm.

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?: The form is for a prisoner to file with the Clerk of Court. The petitioner must provide the original and one copy of the declaration, plus copies of any necessary pleadings for the defendants.
What information must be included?: The petitioner must declare that they cannot pay the costs, that they are in imminent danger of serious physical harm, and provide detailed financial information about their assets and income.

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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