Montana § 46-22-206 Service Of Writ

Montana Statutes

§ 46-22-206 — Service Of Writ

Montana § 46-22-206

Title 46CRIMINAL PROCEDURE

Ch. 22HABEAS CORPUS

Part 2Issuance of Writ

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Bluebook

Mont. Code Ann. § 46-22-206 (2026).

Text

46-22-206 . Service of writ.

(1)The writ of habeas corpus must be served upon the person to whom it is directed. If the writ is directed to a state institution, a copy of the writ must be served upon the attorney general. If the writ is directed to a county facility, a copy of the writ must be served upon the county attorney.

(2)The writ must be served by the clerk of court, the sheriff, or any other person directed to do so by the court.

(3)The writ must be served in the same manner as a summons in civil actions, except when otherwise expressly directed by the judge.

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46-22-206 . Service of writ. (1) The writ of habeas corpus must be served upon the person to whom it is directed. If the writ is directed to a state institution, a copy of the writ must be served upon the attorney general. If the writ is directed to a county facility, a copy of the writ must be served upon the county attorney.
(2) The writ must be served by the clerk of court, the sheriff, or any other person directed to do so by the court.
(3) The writ must be served in the same manner as a summons in civil actions, except when otherwise expressly directed by the judge.