US · rules
D. Mont. L.R. 83.6
Appointment of Counsel
(a) Civil Pro Bono Panel.
(1) The Civil Pro Bono Panel is the court’s resource for identifying
attorneys willing to make a pro bono contribution to the District of
Montana. Names of panel members are not available to litigants or the
public.
(2) Applications are available on the court’s website.
(3) An attorney may, by letter to the clerk of court, withdraw from the
panel at any time.
(b) Request for and Appointment of Counsel.
(1) Counsel may be appointed on a pro se party’s motion or on the court’s
own motion with the party’s consent. In social security disability
cases, counsel will not be appointed unless the party acknowledges
counsel is entitled to obtain compensation from any award of benefits.
(2) Generally, counsel will be consulted before appointment.
(3) With the order of appointment, the clerk will provide counsel courtesy
copies of documents filed in the case to date.
(4) Unless the judge orders otherwise, counsel must represent the party
only in the case in which the order is entered and through final
judgment or other resolution in the district court. Counsel may but
need not represent the party on appeal.
(c) Notice of Appearance. On receiving an order of appointment, counsel
must immediately file a notice of appearance to ensure receipt of all future filings
in the case.
(d) Withdrawal.
(1) An appointed attorney may move to withdraw as counsel pursuant to
Montana Rule of Professional Conduct 1.16(a) or on counsel’s
certification that:
79 | P a g e
D.Mont L.R. 83.6 Appointment of Counsel
(A) counsel has a conflict of interest;
(B) counsel and client substantially disagree about litigation tactics
or the application of Federal Rule of Civil Procedure 11;
(C) serious personal incompatibility makes effective representation
impractical; or
(D) a compelling reason justifies withdrawal.
(2) Leave to withdraw is in the judge’s discretion.
(e) Expenses.
(1) By application to the clerk, counsel may seek reimbursement for
reasonable expenses, including costs of associate counsel, on an
interim basis and/or at the conclusion of the case. Reimbursement is
subject to availability of non-appropriated funds. Reimbursements
over $3,000.00 are subject to the approval of the Non-Appropriated
Funds Advisory Committee.
(2) Counsel must seek costs from adverse parties if entitled to do so and,
if successful, must repay any reimbursement previously obtained from
the court.
(f) Fees. An appointed attorney may seek fees from an adverse party as
provided by law.
(g) Screening. Cases in which a party is proceeding without counsel and
which have survived screening pursuant to 28 U.S.C. 1915(e)(2) and 28 U.S.C.
1915A shall be referred to the court’s Pro Bono Panel to determine if a panel
attorney is interested in entering an appearance in the matter.
Provenance
- Source
- www.mtd.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-19
- Content hash
f3e0ae87714f09dd50be21f901ce3023fa304fedca9d2483e451d63619c96590
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.