Mont. R. App. P. 5

(1) Motion and affidavit to proceed without paying the filing fee - general. A party

in a civil appeal or in an original proceeding for a writ in the supreme court who

desires to proceed without payment of the required filing fee shall file a combined

motion and affidavit in the supreme court for leave to so proceed, as prescribed by

Form 3, showing the party’s financial condition and inability to pay the filing fee,

the party’s belief that the party is entitled to redress, and a short statement of the

issues the party intends to present. If necessary to determine a party’s financial

condition, the supreme court may remand a combined motion and affidavit to the

district court for fact-finding.

(2) Motion and affidavit to proceed without paying the filing fee - incarcerated

person. A person incarcerated in a correctional institution or facility who is a party

in a civil appeal or in an original proceeding for a writ in the supreme court and

who desires to proceed without payment of the required filing fee shall file a

combined motion and affidavit in the supreme court for leave to so proceed,

together with an unnotarized form as otherwise prescribed by Form 3, showing the

party’s financial condition and inability to pay the filing fee, the party’s belief that

the party is entitled to redress, and a short statement of the issues the party intends

to present.

(3) Determination of indigency - party with appointed counsel. If a party has

appointed counsel in an appeal or in an original proceeding for a writ, the party is

entitled to proceed without paying the filing fee without further action by the party

or the supreme court.

(4) Action by supreme court. The supreme court clerk’s office is authorized to act

on any motion to proceed without payment of the required filing fee. A party may

ask the supreme court to review the supreme court clerk’s determination. Within

14 days after the clerk’s denial of such a motion, the party must either pay the filing

fee or file a request for review by the supreme court. The party may present new

evidence to the court in its request for review. The supreme court shall review the

supreme court clerk’s determination de novo.

(5) Limitations of waiver. The grant of a motion to proceed without payment of the

required filing fee waives the filing fee but does not entitle the party to waive other

fees or costs, such as transcript preparation costs or attorney fees.