Mont. Code Ann. » TITLE 25. CIVIL PROCEDURE · CHAPTER 10. COSTS · Part 4. Officers' Fees, Prepayment
Montana Code Annotated

Mont. Code Ann. § 25-10-404 (2026)

Poor Persons Not Required To Prepay Fees -- Definition

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 25
  3. CHAPTER 10
  4. Part 4
  5. 25-10-404 Poor persons not required to prepay fees -- definition

TITLE 25. CIVIL PROCEDURE

CHAPTER 10. COSTS

Part 4. Officers' Fees, Prepayment

Poor Persons Not Required To Prepay Fees -- Definition

25-10-404. Poor persons not required to prepay fees -- definition. (1) Except as provided in subsections (3) and (6), a person may request a waiver of fees by filing an affidavit, supported by a financial statement, stating that the person has a good cause of action or defense and is unable to pay the costs or procure security to secure the cause of action or defense. Except as provided in subsections (2) and (6), upon issuance of an order of the court or administrative tribunal approving a request for waiver of fees, the person may commence and prosecute or defend an action in any of the courts and administrative tribunals of this state and the officers of the courts and administrative tribunals shall issue and serve all writs and perform all services in the action without demanding or receiving their fees in advance, except the fees under 25-1-201(1)(d) and (1)(r).

(2) If a judge or presiding officer of an administrative tribunal is not available to approve a request for a waiver of fees prior to filing a pleading, the pleading must be filed subject to subsequent approval. If the request is subsequently denied, the fees must be paid before the case may proceed further.

(3) A person represented by an entity that provides free legal services to indigent persons is not required to file the financial statement required by subsection (1).

(4) The department of justice shall, by rule, prescribe the form of the financial statement required by subsection (1) for use in determining indigence. The form may require the disclosure of income and assets, including but not limited to the ownership of real and personal property, cash, and savings.

(5) A prisoner in the legal custody of the department of corrections who files a complaint or appeals a judgment in a civil action or proceeding without prepaying the required fees or security shall, in addition to filing the affidavit required in subsection (1), submit a certified copy of the prisoner's trust fund account statement, obtained from the facility in which the prisoner is confined, for the 6-month period immediately preceding any filing.

(6) If an indigent prisoner in the legal custody of the department of corrections files a civil complaint or an appeal from a civil judgment, the prisoner shall pay the total cost of the filing fee. If a prisoner is unable to pay the total filing fee, the court shall order the prisoner to make partial payments of any fees required by law when funds exist. The court shall consider the indigence policy of the department when determining whether funds exist.

(7) A prisoner may not be prohibited from filing a civil complaint or appealing a civil judgment or criminal conviction because of lack of assets or money to pay the initial partial filing fee. The court shall dismiss an action if the prisoner fails to pay either the partial or full amount of the filing fee as ordered by the court.

(8) As used in this section, "prisoner" means a person who is convicted of, sentenced for, or adjudicated delinquent for violations of criminal law or the terms and conditions of parole, probation, or a diversionary program and who is subject to incarceration, detention, or admission to any facility.

History: En. Sec. 2, p. 71, L. 1869; re-en. Sec. 563, p. 150, Cod. Stat. 1871; amd. Sec. 1, p. 40, Ex. L. 1873; amd. Sec. 503, p. 173, L. 1877; re-en. Sec. 503, 1st Div. Rev. Stat. 1879; re-en. Sec. 516, 1st Div. Comp. Stat. 1887; re-en. Sec. 1873, C. Civ., Proc. 1895; re-en. Sec. 7176, Rev. C. 1907; re-en. Sec. 9809, R.C.M. 1921; re-en. Sec. 9809, R.C.M. 1935; amd. Sec. 1, Ch. 71, L. 1971; amd. Sec. 1, Ch. 90, L. 1973; R.C.M. 1947, 93-8625; amd. Sec. 1, Ch. 447, L. 1993; amd. Sec. 3, Ch. 475, L. 1997; amd. Sec. 3, Ch. 344, L. 2013.

Notes of Decisions
Cited in 11 cases (8 in the last 5 years), 1990–2024 · leading case: Alto Jake Holdings, LLC v. Donham, 2017 MT 297 (Mont. 2017).
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Alto Jake Holdings, LLC v. Donham, 2017 MT 297 (Mont. 2017). · cites it 19× “11(a); § 25-10-404(1), MCA. ¶18 If the justice of the peace is available and grants the waiver request upon timely presentation of a notice of appeal, the justice court must file the notice of appeal and the appeal must proceed as if the appellant had paid the justice court…”
Ball v. Gee, 795 P.2d 82 (Mont. 1990). · cites it 2× “Does § 25-10-404, MCA, which allows an indigent to present a defense without paying fees or costs, excuse the deposit required by § 15-18-411(1), MCA? 2.”
V. Deschamps v. 21st Jud. Dist., 2024 MT 15 (Mont. 2024). · cites it 7× “2 In 1993, in response to a request from the Montana Association of Clerks of District Court, the Legislature passed House Bill 409, which amended § 25-10-404, MCA, to require that indigent litigants provide a financial statement when requesting a fee waiver and that a court…”
V. Deschamps v. 21st Jud. Dist., 2024 MT 15 (Mont. 2024). · cites it 7× “2 In 1993, in response to a request from the Montana Association of Clerks of District Court, the Legislature passed House Bill 409, which amended § 25-10-404, MCA, to require that indigent litigants provide a financial statement when requesting a fee waiver and that a court…”
Nava v. State, 2011 MT 77 (Mont. 2011). · cites it 3× “Section 25-10-404(2), MCA, clearly states: If a judge or presiding officer of an administrative tribunal is not available to approve a request for a waiver of fees prior to filing a pleading, the pleading must be filed subject to subsequent approval.”
Chambers-Yost v. Guhl (Mont. 2023). · cites it 3× “" Section 25-10-404(2), MCA. See also M. R.”
Chambers-Yost v. Guhl (Mont. 2023). · cites it 3× “" Section 25-10-404(2), MCA. See also M. R.”
Chambers-Yost v. Guhl (Mont. 2023). · cites it 3× “" Section 25-10-404(2), MCA. See also M. R.”
Benton v. 13th Jud. Dist. (Mont. 2024). · cites it 3× “Section 25-10-404, MCA. This waiver of a filing fee is limited.”
Bailey v. Gootkin (Mont. 2023). · cites it 2× “We explained to him that he may purchase copies of documents from a court record under Montana law and that while he may be indigent, he still must pay for those copies, pursuant to § 25-10-404(1), MCA. Bailey v. Nineteenth Judicial Dist.”
Marriage of Lowry & Harmon (Mont. 2024). “Sections 25-10-404 and 25-1-201(1)(d), MCA.”
Mont. Code Ann. § 25-10-404(1): 4 cases
Alto Jake Holdings, LLC v. Donham, 2017 MT 297 (Mont. 2017). “11(a); § 25-10-404(1), MCA. ¶18 If the justice of the peace is available and grants the waiver request upon timely presentation of a notice of appeal, the justice court must file the notice of appeal and the appeal must proceed as if the appellant had paid the justice court…”
V. Deschamps v. 21st Jud. Dist., 2024 MT 15 (Mont. 2024). “2 In 1993, in response to a request from the Montana Association of Clerks of District Court, the Legislature passed House Bill 409, which amended § 25-10-404, MCA, to require that indigent litigants provide a financial statement when requesting a fee waiver and that a court…”
V. Deschamps v. 21st Jud. Dist., 2024 MT 15 (Mont. 2024). “2 In 1993, in response to a request from the Montana Association of Clerks of District Court, the Legislature passed House Bill 409, which amended § 25-10-404, MCA, to require that indigent litigants provide a financial statement when requesting a fee waiver and that a court…”
Bailey v. Gootkin (Mont. 2023). “We explained to him that he may purchase copies of documents from a court record under Montana law and that while he may be indigent, he still must pay for those copies, pursuant to § 25-10-404(1), MCA. Bailey v. Nineteenth Judicial Dist.”
Mont. Code Ann. § 25-10-404(2): 5 cases
Alto Jake Holdings, LLC v. Donham, 2017 MT 297 (Mont. 2017). “11(a); § 25-10-404(1), MCA. ¶18 If the justice of the peace is available and grants the waiver request upon timely presentation of a notice of appeal, the justice court must file the notice of appeal and the appeal must proceed as if the appellant had paid the justice court…”
Nava v. State, 2011 MT 77 (Mont. 2011). “Section 25-10-404(2), MCA, clearly states: If a judge or presiding officer of an administrative tribunal is not available to approve a request for a waiver of fees prior to filing a pleading, the pleading must be filed subject to subsequent approval.”
Chambers-Yost v. Guhl (Mont. 2023). “" Section 25-10-404(2), MCA. See also M. R.”
Chambers-Yost v. Guhl (Mont. 2023). “" Section 25-10-404(2), MCA. See also M. R.”
Chambers-Yost v. Guhl (Mont. 2023). “" Section 25-10-404(2), MCA. See also M. R.”
Mont. Code Ann. § 25-10-404(4): 2 cases
V. Deschamps v. 21st Jud. Dist., 2024 MT 15 (Mont. 2024). “2 In 1993, in response to a request from the Montana Association of Clerks of District Court, the Legislature passed House Bill 409, which amended § 25-10-404, MCA, to require that indigent litigants provide a financial statement when requesting a fee waiver and that a court…”
V. Deschamps v. 21st Jud. Dist., 2024 MT 15 (Mont. 2024). “2 In 1993, in response to a request from the Montana Association of Clerks of District Court, the Legislature passed House Bill 409, which amended § 25-10-404, MCA, to require that indigent litigants provide a financial statement when requesting a fee waiver and that a court…”
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