The District of Montana has a number of forms available for pro se litigants, which are available on the Forms page under the “Self-Representation Forms” section. On the Forms page, you can click the title of each form to download a blank PDF version of the form. Using court-provided forms is recommended. However, you do not have to use forms provided by the Court. Keep in mind that all legal documents that you file with the Court must be legibly written or typewritten.
Below is a short description of each of the “Self-Representation Forms.”
Forms for Incarcerated Pro Se Litigants
Post-Conviction Relief Forms
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Prisoner Application to Proceed in District Court Without Prepaying Fees or Costs: Application to file with the Complaint, for lower-income incarcerated people to ask the Court to let you bring a civil case without prepaying the application fee, and instead paying the fee in installments.
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Post-Conviction Relief (PCR) Forms
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2254 Habeas Petition: For challenging a state criminal conviction and/or sentence.
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2255 Motion to Vacate: For challenging a federal criminal conviction and/or sentence.
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2241 Habeas Petition: For challenging the way a federal criminal sentence is being carried out. Can also be used if you are in federal or state pretrial custody, or if you are in immigration detention.
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Civil Rights Complaint Forms
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Prisoner Application to Proceed in District Court Without Prepaying Fees or Costs: See above.
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Prisoner Civil Complaint Form for Violation of Civil Rights: General form for incarcerated people to use for bringing a civil lawsuit to challenge violations of their civil rights. The rest of the forms in this section are tailored for specific types of claims. Review the full list to see which forms may be most appropriate for your circumstances and the claims you want to bring.
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Access to Courts claim: For incarcerated people who are or were prevented from filing a case to challenge the denial of access to courts.
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ADA claim: For challenging disability discrimination in violation of the Americans with Disabilities Act.
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Bivens claim: For challenging violations of constitutional rights by federal employees or agents.
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Conditions of Confinement claim: For challenging conditions (shelter, food, clothing, sanitation, and/or personal safety) in a prison or jail under the Eighth Amendment.
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Excessive Force claim: For challenging the use of excessive force by prison or jail officials under the Eighth Amendment.
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Failure to Protect claim: For challenging a prison or jail’s conditions that put you at risk of harm under the Eighth Amendment.
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Medical Care claim: For challenging a prison or jail’s medical care under the Eighth Amendment.
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Municipality Entity claim: For challenging constitutional violations caused by the policy or custom of a city or county.
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Pretrial Detainee claim: For people incarcerated before trial to challenge conditions of their pretrial confinement under the Eighth Amendment.
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Private Entity claim: For challenging violations of constitutional rights by private entity performing a government function.
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Religion First Amendment claim: For challenging violations of the free exercise of religious beliefs under the First Amendment.
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Retaliation claim: For challenging a state actor’s retaliation under the First Amendment.
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RLUIPA claim: For challenging religious freedoms violations under the Religious Land Use and Institutionalized Persons Act.
Forms for Non-Incarcerated Pro Se Litigants
Complaint Forms
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Civil Cover Sheet: To fill out and submit with your Complaint to start a new civil case.
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Non-Prisoner Complaint Form for a Civil Case: General form for non-incarcerated people to use for bringing a civil case.
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Non-Prisoner Complaint for Violation of Civil Rights: General form for non-incarcerated people to use for bringing a civil lawsuit to challenge violations of their civil rights.
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Non-Prisoner Application to Proceed in District Court Without Prepaying Fees or Costs: Application for lower-income people to ask the Court to let you bring a civil case without paying the application fee, or to pay the fee in installments.
Procedural Forms
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Notice of a Lawsuit and Request for Waiver of Service of Summons: For a plaintiff in a civil case to notify defendant(s) that a case has been filed against them and to ask them to waive formal service. See Waive of Service of Summons form.
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Summons in a Civil Case: For a plaintiff in a civil case to notify defendant(s) that a case has been filed against them using formal service.
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Waiver of Service of Summons: For a defendant in a civil case to waive service of a summons. Allows more time to respond to the Complaint than if a summons is served.
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Consent to Electronic Service: To consent to having future documents filed in your case sent to you via e-mail.
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Pro Se E-Filing Registration Form: To register to file documents electronically and to receive service of documents and notice of electronic filings via e-mail.
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Pro Se Election to Cancel E-Filing and Electronic Service: To ask the Court to cancel e-mail service of court documents and only receive service by first class mail; and/or to ask the Court to let you stop filing documents electronically.
Motion Forms for All Pro Se Litigants
For use by both incarcerated and non-incarcerated litigants
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Motion for Appointment of Counsel: To ask the Court to have counsel appointed to represent you at no cost to you. Note that you are not guaranteed counsel even if the Court grants your motion. See the section on Requesting a Lawyer for more information.
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Motion for Extension of Time: To ask the Court for more time to file legal papers in your case.
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Notice of Change of Address: To inform the Court that your mailing address has changed and to provide the new address at which you can receive legal mail.
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Certificate of Service: To document with the Court that you have submitted any legal filings to the other party in your case.