Montana Statutes
§ 46-22-205 — Form Of Writ
46-22-205 . Form of writ.
(1)The writ of habeas corpus must be directed to the person having custody of or restraining the person on whose behalf the application is made and must command that person to have the petitioner before the judge before whom the writ is returnable at a time and place specified.
(2)The issue or issues to be determined upon return of the writ may be stated either in the writ or in an order attached to the writ. If the issues to be determined are not stated in the writ or in an attached order, then a copy of the petition must be attached to the writ.
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Legislative History
En. 95-2707 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2707; amd. Sec. 239, 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