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·Title 25 CIVIL PROCEDURE·Ch. 10 COSTS·Part 1 Imposition of Costs

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.

Montana § 25-10-109 (Prisoner Attendance At Civil Proceeding Prohibited -- Exceptions -- Costs) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.