§ Rule 11 Application and manner of proceeding

Codes > Montana Code > Title 25 > Montana Uniform : Part 2300 > Rule 11

Rule 11. Application and manner of proceeding

    (a) Application to municipal court. A party in a civil case who desires to proceed on appeal in forma pauperis shall file in the municipal court a motion for leave so to proceed together with an affidavit showing, in the detail prescribed by Form 2 of the Appendix of Forms, the party's inability to pay the fees and costs of the appeal or to give security therefor, the party's belief that the party is entitled to redress, and a statement of the issues the party intends to present on appeal. If the motion is granted, the party may proceed on appeal without further application to the district court and without payment of fees or costs or the giving of security therefor. If the motion is denied, the municipal court shall state the reasons for the denial.

    (b) Application to the district court. If the motion for leave to proceed on appeal in forma pauperis is denied by the municipal court, a motion for leave so to proceed may be filed in the district court within 10 days after entry of the order of denial. The motion shall be accompanied by a copy of the affidavit filed in the municipal court and of the statement of reasons for denial given by the municipal court.