Montana Statutes
§ 46-22-206 — Service Of Writ
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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Legislative History
En. 95-2708 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2708; amd. Sec. 240, 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