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Procedural

Motion to Appoint Counsel

Asks the court to appoint a lawyer for a party who cannot afford one or cannot litigate effectively alone.

Governing rule
28 U.S.C. § 1915(e)(1)
Read the rule

What it is

A request asking the court to appoint counsel for a party who does not have a lawyer. In civil cases, appointment is usually discretionary and uncommon; in criminal cases, constitutional and statutory rights to counsel are much stronger.

When it's used

Filed by pro se litigants who cannot afford counsel, especially in civil-rights, prisoner, immigration-adjacent, disability, or complex cases where factual investigation and legal issues are difficult.

What the other side does

The opposing party may take no position or argue the case is not complex, the claims lack merit, or the litigant has shown ability to present the case.

Common outcomes

Civil appointment is often denied without prejudice, meaning the litigant can renew later if the case survives screening or becomes more complex. Criminal appointment follows separate rules.

Not legal advice. Motion practice varies by court, judge, and case type. Local rules and standing orders frequently modify the federal defaults shown here. If you're facing a motion or considering filing one, talk to a lawyer about strategy and timing for your specific case.