Montana § 46-22-205 Form Of Writ

Montana Statutes

§ 46-22-205 — Form Of Writ

Montana § 46-22-205

Title 46CRIMINAL PROCEDURE

Ch. 22HABEAS CORPUS

Part 2Issuance of Writ

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Bluebook

Mont. Code Ann. § 46-22-205 (2026).

Text

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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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.