US · rules
D. Or. LR 81-1
Petitions and Motions Generally
(a) Petitions for a writ of habeas corpus pursuant to 28 U.S.C. §§ 2241 and 2254, and motions pursuant to 28 U.S.C. § 2255 must be legibly written or typewritten on forms supplied by the Court and must be signed under penalty of perjury by the petitioner or by a person authorized to sign for the petitioner. The original of the petition or motion must be sent to the Clerk of Court.
(b) If a prisoner seeking habeas relief moves to proceed in forma pauperis, the application must include an affidavit or declaration setting forth information which establishes that the applicant is unable to pay the fees and costs of the proceedings. Prisoners must include a certificate from the warden or other appropriate officer showing the amount of funds that the petitioner has in any account in the institution.
History
December 1, 2009: LR 81-1(a): The phrase "and shall be signed and verified by the prisoner" has been deleted. 28 U.S.C. § 2242 and Rule 2(c)(5) of the Rules Governing § 2254 Cases allow lawyers to draft and sign petitions for clients without signing and verification by the parties. December 1, 2009: LR 81-1(b): Added the option for a motion and the second sentence. December 1, 2009: LR 81-1(e)(3): The first sentence was amended to conform to LR 81-1 as to the number of copies to be filed by counsel. March 1, 2014: LR 81-1: In caption, added "and Motions" after "Petitions." March 1, 2014: LR 81-1(a): Changed "Petitions by state prisoners for writs of habeas corpus pursuant to 28 U.S.C. § 2254, and motions pursuant to 28 U.S.C. §§ 2241 or 2255 by federal prisoners who are in custody, must be legibly written or typewritten on forms supplied by the Court and must be signed under penalty of perjury by the petitioner or by a person authorized to sign for the petitioner. The original and two (2) copies of the petition or motion must be sent to the clerk" to "Petitions for a writ of habeas corpus pursuant to 28 U.S.C. §§ 2241 and 2254 and motions pursuant to 28 U.S.C. § 2255 must be legibly written or typewritten on forms supplied by the Court and must be signed under penalty of perjury by the petitioner or by a person authorized to sign for the petitioner. The original of the petition or motion must be sent to the Clerk of Court." March 1, 2014: LR 81-1(b): Changed "If the petition or motion is taken in forma pauperis, it must include an affidavit setting forth information which establishes that the applicant will be unable to pay the fees and costs of the proceedings" to "If a prisoner seeking habeas relief moves to proceed in forma pauperis, the application must include an affidavit setting forth information which establishes that the applicant is unable to pay the fees and costs of the proceedings." March 1, 2017: LR 81-1(b): In the first sentence, added "or declaration" after "affidavit." In the second sentence, changed "State prisoners" to "Prisoners." Changed "money or securities" to "funds."
Provenance
- Source
- www.ord.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-19
- Content hash
190f8d8350dc4fddb56db044482512574715487b24cda4666dcda98de8668726
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