Montana § 46-22-201 Application For Writ Of Habeas Corpus

Montana Statutes

§ 46-22-201 — Application For Writ Of Habeas Corpus

Montana § 46-22-201

Title 46CRIMINAL PROCEDURE

Ch. 22HABEAS CORPUS

Part 2Issuance of Writ

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Bluebook

Mont. Code Ann. § 46-22-201 (2026).

Text

46-22-201 . Application for writ of habeas corpus.

(1)Application for a writ of habeas corpus is made by petition signed either by the party for whose relief it is intended or by some person on the petitioner's behalf. It must specify:

(a)that the petitioner is unlawfully imprisoned or restrained of liberty;

(b)why the imprisonment or restraint is unlawful; and

(c)where and by whom the petitioner is confined or restrained.

(2)All parties must be named if they are known or otherwise described so that they may be identified.

(3)The petition must be verified by the oath or affirmation of the party making the application.

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46-22-201 . Application for writ of habeas corpus. (1) Application for a writ of habeas corpus is made by petition signed either by the party for whose relief it is intended or by some person on the petitioner's behalf. It must specify:
(a) that the petitioner is unlawfully imprisoned or restrained of liberty;
(b) why the imprisonment or restraint is unlawful; and
(c) where and by whom the petitioner is confined or restrained.
(2) All parties must be named if they are known or otherwise described so that they may be identified.
(3) The petition must be verified by the oath or affirmation of the party making the application.