Montana § 25-10-109 Prisoner Attendance At Civil Proceeding Prohibited -- Exceptions -- Costs

Montana Statutes

§ 25-10-109 — Prisoner Attendance At Civil Proceeding Prohibited -- Exceptions -- Costs

Montana § 25-10-109

Title 25CIVIL PROCEDURE

Ch. 10COSTS

Part 1Imposition of Costs

This text of Montana § 25-10-109 (Prisoner Attendance At Civil Proceeding Prohibited -- Exceptions -- Costs) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 25-10-109 (2026).

Text

25-10-109 . Prisoner attendance at civil proceeding prohibited -- exceptions -- costs.

(1)A person incarcerated in a correctional facility of the department of corrections may not attend a civil proceeding in which the person is a party unless:

(a)the person is a respondent in a proceeding to terminate parental rights; or

(b)the court determines that a party will be substantially and irreparably prejudiced by not attending the civil proceeding.

(2)A court may not issue a writ of habeas corpus ordering a person in the legal custody of the department of corrections to attend a court proceeding without first:

(a)notifying the department and allowing the department 15 days to file a written objection; and

(b)if requested, granting the department an opportunity to appear and present evide

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25-10-109 . Prisoner attendance at civil proceeding prohibited -- exceptions -- costs. (1) A person incarcerated in a correctional facility of the department of corrections may not attend a civil proceeding in which the person is a party unless:
(a) the person is a respondent in a proceeding to terminate parental rights; or
(b) the court determines that a party will be substantially and irreparably prejudiced by not attending the civil proceeding.
(2) A court may not issue a writ of habeas corpus ordering a person in the legal custody of the department of corrections to attend a court proceeding without first:
(a) notifying the department and allowing the department 15 days to file a written objection; and
(b) if requested, granting the department an opportunity to appear and present evidence that the person's attendance at the proceeding represents a security risk.
(3) A person who requests that a person in the legal custody of the department of corrections attend a civil proceeding shall pay all costs associated with security.