Montana Statutes
§ 46-22-201 — Application For Writ Of Habeas Corpus
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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Legislative History
En. 95-2703 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2703; amd. Sec. 25, Ch. 116, L. 1979; amd. Sec. 235, Ch. 800, L. 1991.
Nearby Sections
15
§ 46-22-101
Applicability Of Writ Of Habeas Corpus§ 46-22-102
No Release For Technical Defects§ 46-22-103
Writ For Purpose Of Bail§ 46-22-201
Application For Writ Of Habeas Corpus§ 46-22-202
Granting Writ Of Habeas Corpus§ 46-22-203
Writ Granted Without Delay§ 46-22-204
Writ And Process May Issue At Any Time§ 46-22-205
Form Of Writ§ 46-22-206
Service Of Writ§ 46-22-301
Return Of Service§ 46-22-302
Appearance Of Petitioner§ 46-22-303
Refusal To Obey Writ -- Contempt§ 46-22-304
Hearing On Return§ 46-22-305
Production Of Evidence§ 46-22-306
Disposition Of Petitioner